{"id":"wa-local:northampton-shire-of-urban-environment-and-nuisance-local-law-2017","name":"Urban Environment and Nuisance Local Law 2017","slug":"urban-environment-and-nuisance-local-law-2017","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438749,"registerId":"wa-local:northampton-shire-of-urban-environment-and-nuisance-local-law-2017-pdf-1775955046397","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"August 2017 GOVERNMENT GAZETTE, WA 4133","content":"1 August 2017 GOVERNMENT GAZETTE, WA 4133\n1.4 Application\n1.5 Repeal\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"ACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES","content":"PART 2—ACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES\n2.1 General prohibitions\n2.2 Activities allowed with a permit—general\n2.3 No possession and consumption of liquor on thoroughfare\nDivision 2—Vehicle crossing\nSubdivision 1—Temporary crossings\n2.4 Permit required\nSubdivision 2—Redundant vehicle crossings\n2.5 Removal of redundant crossing.\nDivision 3—Verge treatments\n2.6 Application\nSubdivision 2—Permissible verge treatments\n2.7 Permissible verge treatments\n2.8 Only permissible verge treatments to be installed\n2.9 Obligations of owner or occupier\n2.10 Notice to owner or occupier\nSubdivision 3—Existing verge treatments\n2.11 Transitional provision\nSubdivision 4—Public works\n2.12 Power to carry out public works on verge\nDivision 4—Property numbers\n2.13 Interpretation\nSubdivision 2—Assignment and marking of numbers\n2.14 Assignment of numbers\n\n4134 GOVERNMENT GAZETTE, WA 1 August 2017\nDivision 5—Fencing\n2.15 Public place—Item 4(1) of Division 1, Schedule 3.1 of Act\nDivision 6—Signs erected by the local government\n2.16 Signs\n2.17 Transitional\nDivision 7—Driving on a closed thoroughfare\n2.18 No driving on closed thoroughfare\nPART 3—ADVERTISING SIGNS ON THOROUGHFARES\n3.1 Interpretation\nDivision 2—Permit\n3.2 Advertising signs and portable direction signs\n3.3 Matters to be considered in determining application for permit\n","sortOrder":1},{"sectionNumber":"Div 3","sectionType":"division","heading":"Conditions on permit","content":"Division 3—Conditions on permit\n3.4 Conditions on portable sign\n3.5 Conditions on election sign\n","sortOrder":2},{"sectionNumber":"Part 4","sectionType":"part","heading":"OBSTRUCTING ANIMALS, VEHICLES OR SHOPPING TROLLEYS","content":"PART 4—OBSTRUCTING ANIMALS, VEHICLES OR SHOPPING TROLLEYS\n","sortOrder":3},{"sectionNumber":"Div 1","sectionType":"division","heading":"Animals and vehicles","content":"Division 1—Animals and vehicles\n4.1 Leaving animal or vehicle in public place or on local government property\n4.2 Prohibitions relating to animals\n","sortOrder":4},{"sectionNumber":"Div 2","sectionType":"division","heading":"Shopping trolleys","content":"Division 2—Shopping trolleys\n4.3 Interpretation\n4.4 Shopping trolley to be marked\n4.5 Person not to leave trolley in public place\n4.6 Retailer to remove abandoned trolley\n","sortOrder":5},{"sectionNumber":"Part 5","sectionType":"part","heading":"ROADSIDE CONSERVATION","content":"PART 5—ROADSIDE CONSERVATION\n5.1 Interpretation\n5.2 Application\nDivision 2—Flora roads\n5.3 Declaration of flora road\n5.4 Construction works on flora roads\n5.5 Signposting of flora roads\n5.6 Driving only on carriageway of flora roads\nDivision 3—Special environmental areas\n5.7 Designation of special environmental areas\n5.8 Marking of special environmental areas\n","sortOrder":6},{"sectionNumber":"Div 4","sectionType":"division","heading":"Planting in thoroughfares","content":"Division 4—Planting in thoroughfares\n5.9 Permit to plant\n5.10 Relevant considerations in determining application\n","sortOrder":7},{"sectionNumber":"Div 5","sectionType":"division","heading":"Clearance of vegetation","content":"Division 5—Clearance of vegetation\n5.11 Permit to clear\n5.12 Application for permit\n","sortOrder":8},{"sectionNumber":"Div 6","sectionType":"division","heading":"Fire management","content":"Division 6—Fire management\n5.13 Permit to burn thoroughfare\n5.14 Application for permit\n5.15 When application for permit can be approved\n5.16 Prohibitions on burning\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4135\n","sortOrder":9},{"sectionNumber":"Div 7","sectionType":"division","heading":"Firebreaks","content":"Division 7—Firebreaks\n5.17 Permit for firebreaks on thoroughfares\n5.18 Application for permit cannot be approved\n","sortOrder":10},{"sectionNumber":"Div 8","sectionType":"division","heading":"Commercial wildflower harvesting on thoroughfares","content":"Division 8—Commercial wildflower harvesting on thoroughfares\n5.19 General prohibition on commercial wildflower harvesting\n5.20 Permit for revegetation projects\n","sortOrder":11},{"sectionNumber":"Part 6","sectionType":"part","heading":"TRADING IN THOROUGHFARES AND PUBLIC PLACES","content":"PART 6—TRADING IN THOROUGHFARES AND PUBLIC PLACES\nDivision 1—Stallholders and traders\n6.2 Stallholder’s permit\n6.3 Trader’s permit\n6.4 No permit required to sell newspaper\n6.5 Relevant considerations in determining application for permit\n6.6 Conditions of permit\n6.7 Exemptions from requirement to pay fee or to obtain a permit\n","sortOrder":12},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Conduct of stallholders and traders","content":"Subdivision 3—Conduct of stallholders and traders\n6.8 Conduct of stallholders and traders\nDivision 2—Street entertainers\n6.9 Interpretation\n6.10 Permit required to perform\n6.11 Variation of permitted area and permitted time\n6.12 Duration of permit\n6.13 Cancellation of permit\n6.14 Obligations of permit holder\nDivision 3—Outdoor eating facilities on public places\n6.15 Interpretation\n6.16 Permit required to conduct Facility\n6.17 Matters to be considered in determining application\n6.18 Obligations of permit holder\n6.19 Removal of Facility unlawfully conducted\n6.20 Use of Facility by public\n6.21 Temporary removal of Facility may be requested\n","sortOrder":13},{"sectionNumber":"Part 7","sectionType":"part","heading":"PERMITS","content":"PART 7—PERMITS\nDivision 1—Applying for a permit\n7.1 Application for permit\n7.2 Decision on application for permit\nDivision 2—Conditions\n7.3 Conditions which may be imposed on a permit\n7.4 Imposing conditions under a policy\n7.5 Compliance with and variation of conditions\nDivision 3—General\n7.6 Duration of permit\n7.7 Renewal of permit\n7.8 Transfer of permit\n7.9 Production of permit\n7.10 Cancellation of permit\n\n","sortOrder":14},{"sectionNumber":"4136","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4136 GOVERNMENT GAZETTE, WA 1 August 2017\n8.1 Application of Part 9 Division 1 of Act\n","sortOrder":15},{"sectionNumber":"Part 9","sectionType":"part","heading":"MISCELLANEOUS NOTICES","content":"PART 9—MISCELLANEOUS NOTICES\n9.1 Notice to redirect or repair sprinkler\n9.2 Hazardous plants\n9.3 Notice to repair damage to thoroughfare\n9.4 Notice to remove thing unlawfully placed on thoroughfare\n10.3 Offences\n10.5 Forms\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4137\nThis local law may be cited as the Shire of Northampton Activities in Thoroughfares and Public Places\nand Trading Local Law 2017.\napplicant means a person who applies for a permit;\nauthorised person means a person authorised by the local government under section 9.10 of the\nAct to perform any of the functions of an authorised person under this local law;\nbuilt-up area has the meaning given to it in the Road Traffic Code 2000;\nbulk rubbish container means a bin or container designed or used for holding a substantial\nquantity of rubbish and which is unlikely to be lifted without mechanical assistance, but does\nnot include a bin or container used in connection with the local government’s regular\ndomestic rubbish collection service;\ncarriageway has the meaning given to it in the Road Traffic Code 2000;\nCEO means the chief executive officer of the local government;\ncommencement day means the day on which this local law comes into operation;\ncrossing means a crossing giving access from a public thoroughfare to—\n(a) private land; or\n(b) a private thoroughfare serving private land;\nfootpath has the meaning given to it in the Road Traffic Code 2000;\ngarden means any part of a thoroughfare planted, developed or treated, otherwise than as a\nlawn, with one or more plants;\nintersection has the meaning given to it in the Road Traffic Code 2000;\nkerb includes the edge of a carriageway;\nlawn means any part of a thoroughfare which is planted only with grass, or with a similar plant,\nbut will include any other plant provided that it has been planted by the local government;\nliquor has the meaning given to it in section 3 of the Liquor Control Act 1988;\n(c) which is an ‘otherwise unvested facility’ within section 3.53 of the Act;\nlocal planning scheme means a town planning scheme of the local government made under the\nPlanning and Development Act 2005;\n\n","sortOrder":16},{"sectionNumber":"4138","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4138 GOVERNMENT GAZETTE, WA 1 August 2017\nowner or occupier in relation to land does not include the local government;\npermissible verge treatment means any one of the 4 treatments described in clause 2.7(2), and\nincludes any reticulation pipes and sprinklers;\npermit means a permit issued under this local law;\npermit holder means a person who holds a valid permit;\npremises for the purpose of the definition of public place in both this clause and clause 6.1,\nmeans a building or similar structure, but does not include a carpark or a similar place;\npublic place includes any thoroughfare or place which the public are allowed to use, whether or\nnot the thoroughfare or place is on private property, but does not include—\n(a) premises on private property from which trading is lawfully conducted under a written\nlaw; and\n(b) local government property;\nRegulations means the Local Government (Functions and General) Regulations 1996;\nrural means a sub-set of rural living, generally located on the outskirts of an existing town.\nRural settlement may also be used to describe proposals for rural living as this land use\nresults in people settling in rural areas;\nrural residential means a sub-set of rural living and a land use zone with land parcels from 1 to\n4 hectares in size and generally provided with scheme water and power supply;\nsign includes a notice, flag, mark, structure or device on which may be shown words, numbers,\nexpressions or symbols;\nthoroughfare has the meaning given to it in the Act, but does not include a private thoroughfare\nwhich is not under the management control of the local government;\ntown planning scheme means a town planning scheme of the local government made under the\nPlanning and Development Act 2005;\ntownsite means the townsites of Northampton, Kalbarri, Horrocks, Gregory, Binnu, Isseka and\nAjana which are—\n(a) constituted under section 26(2) of the Land Administration Act 1997; or\n(b) referred to in clause 37 of Schedule 9.3 of the Act;\ntracks or otherwise; and\n(b) an animal being ridden or driven,\n(a) a wheel-chair or any device designed for use by a physically impaired person on a\nfootpath; and\n(b) a pram, a stroller, a shopping trolley or a similar device; and\nverge means that part of a thoroughfare between the carriageway and the land which abuts the\nthoroughfare, but does not include any footpath.\n1.4 Application\n1.5 Repeal\n(1) This local law repeals The Municipality of the Shire of Northampton By-law Relating to Trading in\nPublic Places as published in the Government Gazette 20 March 1987.\n(2) Where a policy was made or adopted by the local government under or in relation to a local law\nrepealed by this local law, then the policy is to be taken to no longer have any effect on and from the\ncommencement day.\n(3) The Council may resolve that notwithstanding subclause (2) specified policies continue, or are to\nbe taken to have continued, to have effect on and from the commencement day.\nPART 2—ACTIVITIES IN THOROUGHFARES AND PUBLIC PLACES\n2.1 General prohibitions\nA person shall not—\n(a) plant any plant (except grasses or a similar plant) within 10 metres of an intersection;\n(b) damage a lawn or a garden or remove any plant or part of a plant from a lawn or a garden\nunless—\n(i) the person is the owner or the occupier of the lot abutting that portion of the\nthoroughfare and the lawn or the garden or the particular plant has not been installed\nor planted by the local government; or\n(ii) the person is acting under the authority of a written law;\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4139\n(c) plant any plant (except grass or a similar plant) on a thoroughfare so that it is within 2m of a\ncarriageway;\n(d) place on any footpath any fruit, fruit skins or other substance or fluid (whether vegetable or\notherwise, but not water) which may create a hazard for any person using the footpath;\n(e) unless at the direction of the local government, damage, remove or interfere with any\nsignpost, direction plate, guidepost, notice, shelter, shed, fence or any structure erected on a\nthoroughfare by the local government or a person acting under the authority of a written law;\n(f) play or participate in any game or sport so as to cause danger to any person or thing or\nimpede the movement of vehicles or persons on a thoroughfare; or\n(g) within a mall, arcade or verandah of a shopping centre, ride any bicycle, skateboard,\nrollerblades or similar device.\n2.2 Activities allowed with a permit—general\n(1) A person shall not, without a permit—\n(a) dig or otherwise create a trench through or under a kerb or footpath;\n(b) subject to Division 3 of this Part, throw, place or deposit anything on a verge except for\nremoval by the local government under a bulk rubbish collection, and then only in accordance\nwith the terms and conditions and during the period of time advertised in connection with\nthat collection by the local government;\n(c) cause any obstruction to a vehicle or a person using a thoroughfare as a thoroughfare;\n(d) cause any obstruction to a water channel or a water course in a thoroughfare;\n(e) throw, place or drain offensive, noxious or dangerous fluid onto a thoroughfare;\n(f) damage a thoroughfare;\n(g) light any fire or burn anything on a thoroughfare other than in a stove or fireplace provided\nfor that purpose or under a permit issued under clause 5.13;\n(h) fell any tree onto a thoroughfare;\n(i) unless installing, or in order to maintain, a permissible verge treatment—\n(i) lay pipes under or provide taps on any verge; or\n(ii) place or install anything on any part of a thoroughfare, and without limiting the\ngenerality of the foregoing, any gravel, stone, flagstone, cement, concrete slabs, blocks,\nbricks, pebbles, plastic sheeting, kerbing, wood chips, bark or sawdust;\n(j) provide, erect, install or use in or on any building, structure or land abutting on a\nthoroughfare any hoist or other thing for use over the thoroughfare;\n(k) on a public place use anything or do anything so as to create a nuisance;\n(l) place or cause to be placed on a thoroughfare a bulk rubbish container; or\n(m) interfere with the soil of, or anything in a thoroughfare or take anything from a thoroughfare.\n(2) The local government may exempt a person from compliance with subclause (1) on the application\nof that person.\n2.3 No possession and consumption of liquor on thoroughfare\n(1) A person shall not consume any liquor or have in her or his possession or under her or his control\nany liquor on a thoroughfare unless—\n(a) that is permitted under the Liquor Control Act 1988 or under another written law; or\n(b) the person is doing so in accordance with a permit.\n(2) Subclause (1) does not apply where the liquor is in a sealed container.\nDivision 2—Vehicle crossing\n","sortOrder":17},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Temporary crossings","content":"Subdivision 1—Temporary crossings\n2.4 Permit required\n(1) Where it is likely that works on a lot will involve vehicles leaving a thoroughfare and entering the\nlot, the person responsible for the works shall obtain a permit for the construction of a temporary\ncrossing to protect the existing carriageway, kerb, drains and footpath, where—\n(a) a crossing does not exist; or\n(b) a crossing does exist, but the nature of the vehicles and their loads is such that they are likely\nto cause damage to the crossing.\n(2) The person responsible for the works in subclause (1) is to be taken to be—\n(a) The person named on the building permit issued under the Building Act 2011, if one has been\nissued in relation to the works; or\n(b) the registered proprietor of the lot, if no building permit has been issued under the Building\nAct 2011 in relation to the works.\n(3) If the local government approves an application for a permit for the purpose of subclause (1), the\npermit is taken to be issued on the condition that until such time as the temporary crossing is\nremoved, the permit holder shall keep the temporary crossing in good repair and in such a condition\nso as not to create any danger or obstruction to persons using the thoroughfare.\n\n","sortOrder":18},{"sectionNumber":"4140","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4140 GOVERNMENT GAZETTE, WA 1 August 2017\n","sortOrder":19},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Redundant vehicle crossings","content":"Subdivision 2—Redundant vehicle crossings\n2.5 Removal of redundant crossing\n(1) Where works on a lot will result in a crossing no longer giving access to a lot, the crossing is to be\nremoved and the kerb, drain, footpath, verge and any other part of the thoroughfare affected by the\nremoval are to be reinstated to the satisfaction of the local government.\n(2) The local government may give written notice to the owner or occupier of a lot requiring her or him\nto—\n(a) remove any part of or all of a crossing which does not give access to the lot; and\n(b) reinstate the kerb, drain, footpath, verge and any other part of the thoroughfare, which may\nbe affected by the removal,\nwithin the period of time stated in the notice, and the owner or occupier of the lot shall comply with\nthat notice.\nDivision 3—Verge treatments\n2.6 Application\nThis Division only applies to the townsites.\nSubdivision 2—Permissible verge treatments\n2.7 Permissible verge treatments\n(1) An owner or occupier of land which abuts on a verge may on that part of the verge directly in front\nof her or his land install a permissible verge treatment.\n(2) The permissible verge treatments are—\n(a) the planting and maintenance of a lawn;\n(b) the planting and maintenance of a garden provided that—\n(i) clear sight visibility is maintained at all times for a person using the abutting\nthoroughfare in the vicinity of an intersection or bend in the thoroughfare or using a\ndriveway on land adjacent to the thoroughfare for access to or from the thoroughfare;\nand\n(ii) where there is no footpath, a pedestrian has safe and clear access of a minimum width\nof 2m along that part of the verge immediately adjacent to the kerb.\n2.8 Only permissible verge treatments to be installed\n(1) A person shall not install or maintain a verge treatment which is not a permissible verge\ntreatment.\n(2) The owner and occupier of the lot abutting a verge treatment referred to in subclause (1) are each\nto be taken to have installed and maintained that verge treatment for the purposes of this clause and\nclause 2.9.\n2.9 Obligations of owner or occupier\nAn owner or occupier who installs or maintains a permissible verge treatment shall—\n(a) keep the permissible verge treatment in a good and tidy condition and ensure, where the\nverge treatment is a garden or lawn, that a footpath on the verge and a carriageway adjoining\nthe verge is not obstructed by the verge treatment;\n(b) not place any obstruction on or around the verge treatment; and\n(c) not disturb a footpath on the verge.\n2.10 Notice to owner or occupier\nThe local government may give a notice in writing to the owner or the occupier of a lot abutting on a\nverge to make good, within the time specified in the notice, any breach of a provision of this Division.\nSubdivision 3—Existing verge treatments\n2.11 Transitional provision\nformer provisions means the local law of the local government which permitted certain types of\nverge treatments, whether with or without the consent of the local government, and which\nwas repealed by this local law.\n(2) A verge treatment which—\n(a) was installed prior to the commencement day; and\n(b) on the commencement day is a type of verge treatment which was permitted under and\ncomplied with the former provisions,\nis to be taken to be a permissible verge treatment for so long as the verge treatment remains of the\nsame type and continues to comply with the former provisions.\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4141\n","sortOrder":20},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Public works","content":"Subdivision 4—Public works\n2.12 Power to carry out public works on verge\nWhere the local government or an authority empowered to do so under a written law disturbs a verge,\nthe local government or the authority—\n(a) is not liable to compensate any person for that disturbance;\n(b) may backfill with sand, if necessary, any garden or lawn; and\n(c) is not liable to replace or restore any—\n(i) verge treatment and, in particular, any plant or any acceptable material or other hard\nsurface; or\n(ii) sprinklers, pipes or other reticulation equipment.\nDivision 4—Property numbers\n2.13 Interpretation\nIn this Division, unless the context requires otherwise—\nnumber means a number of a lot with or without an alphabetical suffix indicating the address of\nthe lot by reference to a thoroughfare.\nSubdivision 2—Assignment and marking of numbers\n2.14 Assignment of numbers\nThe local government may assign a number to a lot in the district and may assign another Number to\nthe lot instead of that previously assigned.\nDivision 5—Fencing\n2.15 Public place—Item 4(1) of Division 1, Schedule 3.1 of Act\nThe following places are specified as a public place for the purpose of item 4(1) of Division 1 of\n","sortOrder":21},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"1 of the Act—","content":"Schedule 3.1 of the Act—\n(a) a public place, as that term is defined in clause 1.3; and\n(b) local government property.\nDivision 6—Signs erected by the local government\n2.16 Signs\n(1) A local government may erect a sign on a public place specifying any conditions of use which apply\nto that place.\n(2) A person shall comply with a sign erected under subclause (1).\n(3) A condition of use specified on a sign erected under subclause (1) is to be for the purpose of giving\nnotice of the effect of a provision of this local law.\n2.17 Transitional\nWhere a sign erected on a public place has been erected under a local law of the local government\nrepealed by this local law, then on and from the commencement day, it is to be taken to be a sign\nerected under clause 2.16 if—\n(a) the sign specifies a condition of use relating to the public place which gives notice of the effect\nof a provision of this local law; and\n(b) the condition of use specified is not inconsistent with any provision of this local law.\nDivision 7—Driving on a closed thoroughfare\n2.18 No driving on closed thoroughfare\n(1) A person shall not drive or take a vehicle on a closed thoroughfare unless—\n(a) that is in accordance with any limits or exceptions specified in the order made under section\n3.50 of the Act; or\n(b) the person has first obtained a permit.\nclosed thoroughfare means a thoroughfare wholly or partially closed under section 3.50 or\n3.50A of the Act.\n","sortOrder":22},{"sectionNumber":"Part 3","sectionType":"part","heading":"ADVERTISING SIGNS ON THOROUGHFARES","content":"PART 3—ADVERTISING SIGNS ON THOROUGHFARES\n3.1 Interpretation\nIn this Part, unless the context otherwise requires—\nadvertising sign means a sign used for the purpose of advertisement and includes an election\nsign;\n\n","sortOrder":23},{"sectionNumber":"4142","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4142 GOVERNMENT GAZETTE, WA 1 August 2017\ndirection sign means a sign which indicates the direction of another place, activity or event, but\ndoes not include any such sign erected or affixed by the local government or the\nCommissioner of Main Roads;\nelection sign means a sign or poster which advertises any aspect of a forthcoming Federal, State\nor local government election;\nportable direction sign means a portable free standing direction sign; and\nportable sign means a portable free standing advertising sign.\nDivision 2—Permit\n3.2 Advertising signs and portable direction signs\n(1) A person shall not, without a permit—\n(a) erect or place an advertising sign on a thoroughfare; or\n(b) post any bill or paint, place or affix any advertisement on a thoroughfare.\n(2) Notwithstanding subclause (1), a permit is not required in respect of a portable direction sign\nwhich neither exceeds 500mm in height nor 0.5m2 in area, provided that the sign is placed or erected\non a thoroughfare on an infrequent or occasional basis only to direct attention to a place, activity or\nevent during the hours of that activity or event.\n(3) Notwithstanding subclause (1), a person shall not erect or place an advertising sign—\n(a) on a footpath;\n(b) over any footpath where the resulting vertical clearance between the sign and the footpath is\nless than 2.5m;\n(c) on or within 3m of a carriageway;\n(d) in any other location where, in the opinion of the local government, the sign is likely to\nobstruct lines of sight along a thoroughfare or cause danger to any person using the\nthoroughfare; or\n(e) on any natural feature, including a rock or tree, on a thoroughfare, or on any bridge or the\nstructural approaches to a bridge.\n3.3 Matters to be considered in determining application for permit\nIn determining an application for a permit for the purpose of clause 3.2(1), the local government is to\nhave regard to—\n(a) any other written law regulating the erection or placement of signs within the district;\n(b) the dimensions of the sign;\n(c) other advertising signs already approved or erected in the vicinity of the proposed location of\nthe sign;\n(d) whether or not the sign will create a hazard to persons using a thoroughfare; and\n(e) the amount of the public liability insurance cover, if any, to be obtained by the applicant.\nDivision 3—Conditions on permit\n3.4 Conditions on portable sign\nIf the local government approves an application for a permit for a portable sign, the application is to\nbe taken to be approved subject to the following conditions—\n(a) the portable sign shall—\n(i) not exceed 1m in height;\n(ii) not exceed an area of 1m2 on any side;\n(iii) relate only to the business activity described on the permit;\n(iv) contain letters not less than 200mm in height;\n(v) not be erected in any position other than immediately adjacent to the building or the\nbusiness to which the sign relates;\n(vi) be removed each day at the close of the business to which it relates and not be erected\nagain until the business next opens for trading;\n(vii) be secured in position in accordance with any requirements of the local government;\n(viii) be placed so as not to obstruct or impede the reasonable use of a thoroughfare or access\nto a place by any person; and\n(ix) be maintained in good condition; and\n(b) no more than one portable sign shall be erected in relation to the one building or business.\n3.5 Conditions on election sign\nIf the local government approves an application for a permit for the erection or placement of an\nelection sign on a thoroughfare, the application is to be taken to be approved subject to the sign—\n(a) being erected at least 30m from any intersection;\n(b) being free standing and not being affixed to any existing sign, post, power or light pole, or\nsimilar structure;\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4143\n(c) being placed so as not to obstruct or impede the reasonable use of a thoroughfare, or access to\na place by any person;\n(d) being placed so as not to obstruct or impede the vision of a driver of a vehicle entering or\nleaving a thoroughfare or crossing;\n(e) being maintained in good condition;\n(f) not being erected until the election to which it relates has been officially announced;\n(g) being removed within 24 hours of the close of polls on voting day;\n(h) not being placed within 100m of any works on the thoroughfare;\n(i) being securely installed;\n(j) not being an illuminated sign;\n(k) not incorporating reflective or fluorescent materials; and\n(l) not displaying only part of a message which is to be read with other separate signs in order to\nobtain the whole message.\nPART 4—OBSTRUCTING ANIMALS, VEHICLES OR SHOPPING TROLLEYS\nDivision 1—Animals and vehicles\n4.1 Leaving animal or vehicle in public place or on local government property\n(1) A person shall not leave an animal or a vehicle, or any part of a vehicle, in a public place or on\nlocal government property so that it obstructs the use of any part of that public place or local\ngovernment property, unless that person has first obtained a permit or is authorised to do so under a\nwritten law.\n(2) A person will not contravene subclause (1) where the animal is secured or tethered for a period not\nexceeding 1 hour.\n(3) A person will not contravene subclause (1) where the vehicle is left for a period not exceeding 24\nhours.\n4.2 Prohibitions relating to animals\n(1) In subclause (2), owner in relation to an animal includes—\n(a) an owner of it;\n(b) a person in possession of it;\n(c) a person who has control of it; and\n(d) a person who ordinarily occupies the premises where the animal is permitted to stay.\n(2) An owner of an animal shall not—\n(a) allow the animal to enter or remain for any time on any thoroughfare except for the use of the\nthoroughfare as a thoroughfare and unless it is led, ridden or driven;\n(b) allow an animal which has a contagious or infectious disease to be led, ridden or driven in a\npublic place; or\n(c) train or race the animal on a thoroughfare.\n(3) An owner of a horse shall not lead, ride or drive a horse on a thoroughfare in a built-up area,\nunless that person does so under a permit or under the authority of a written law.\nDivision 2—Shopping trolleys\n4.3 Interpretation\nretailer means a proprietor of a shop in respect of which shopping trolleys are provided for the\nuse of customers of the shop; and\nshopping trolley means a wheeled container or receptacle supplied by a retailer to enable a\nperson to transport goods.\n4.4 Shopping trolley to be marked\nA retailer shall clearly mark its name or its trading name on any shopping trolley made available for\nthe use of customers.\n4.5 Person not to leave trolley in public place\nA person shall not leave a shopping trolley in a public place other than in an area set aside for the\nstorage of shopping trolleys.\n4.6 Retailer to remove abandoned trolley\n(1) If a shopping trolley is found in a public place, other than in an area set aside for the storage of\nshopping trolleys, the local government may advise (verbally or in writing) a retailer whose name is\nmarked on the trolley of the location of the shopping trolley.\n(2) A retailer shall remove a shopping trolley within 24 hours of being so advised under subclause (1),\nunless the retailer—\n(a) requests the local government to collect and deliver the shopping trolley to the retailer; and\n(b) pays any fee for that collection and delivery (imposed and determined under and in\naccordance with sections 6.16 to 6.19 of the Act) within the period specified by the local\n\n","sortOrder":24},{"sectionNumber":"4144","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4144 GOVERNMENT GAZETTE, WA 1 August 2017\nPART 5—ROADSIDE CONSERVATION\n5.1 Interpretation\nIn this Part—\nMRWA means Main Roads Western Australia;\nprotected flora has the meaning given to it in section 6(1) of the Wildlife Conservation Act 1950;\nrare flora has the meaning given to it in section 23F of the Wildlife Conservation Act 1950;\nRoadside Conservation Committee means the Roadside Conservation Committee appointed by\nthe responsible Minister; and\nspecial environmental area means an area designated as such under clause 5.7.\n5.2 Application\nThis Part does not apply to the townsites.\nDivision 2—Flora roads\n5.3 Declaration of flora road\nThe local government may declare a thoroughfare which has, in the opinion of the local government,\nhigh quality roadside vegetation to be a flora road.\n5.4 Construction works on flora roads\nConstruction and maintenance work carried out by the local government on a flora road is to be in\naccordance with the Handbook of Environmental Practice for Road Construction an Road\nMaintenance Works.\n5.5 Signposting of flora roads\nThe local government may signpost flora roads with the standard MRWA flora road sign.\n5.6 Driving only on carriageway of flora roads\n(1) A person driving or riding a vehicle on a flora road shall only drive or ride the vehicle on the\ncarriageway.\n(2) Subclause (1) does not apply where—\n(a) conditions on the thoroughfare do not reasonably permit a vehicle to remain on the\ncarriageway;\n(b) there is no carriageway; or\n(c) an exemption from the application of subclause (1) has been obtained from the local\nDivision 3—Special environmental areas\n5.7 Designation of special environmental areas\nThe local government may designate a thoroughfare, or any part of a thoroughfare, as a special\nenvironmental area which—\n(a) has protected flora or rare flora; or\n(b) in the opinion of the local government, has environmental, aesthetic or cultural significance.\n5.8 Marking of special environmental areas\nThe local government is to mark and keep a register of each thoroughfare, or part of a thoroughfare,\ndesignated as a special environmental area.\nDivision 4—Planting in thoroughfares\n5.9 Permit to plant\nA person shall not plant any plant or sow any seeds in a thoroughfare without first obtaining a\n5.10 Relevant considerations in determining application\nIn determining an application for a permit for the purpose of clause 5.9, the local government is to\nhave regard to—\n(a) existing vegetation within that part of the thoroughfare in which the planting is to take place;\nand\n(b) the diversity of species and the prevalence of the species which are to be planted or sown.\nDivision 5—Clearance of vegetation\n5.11 Permit to clear\nA person shall not clear and maintain in a cleared state, the surface of a thoroughfare within 1m of\nthat person’s land without first obtaining a permit and any other approvals which may be required\nunder any written law.\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4145\n5.12 Application for permit\nIn addition to the requirements of clause 7.1(2), a person making an application for a permit for the\npurpose of clause 5.11 shall submit a sketch plan clearly showing the boundary of the person’s land\nand the portions of the thoroughfare joining that person’s land which are to be cleared.\nDivision 6—Fire management\n5.13 Permit to burn thoroughfare\nA person shall not burn part of a thoroughfare without first obtaining a permit or unless acting under\nthe authority of any other written law.\n5.14 Application for permit\nIn addition to the requirements of clause 7.1(2), an application for a permit for the purposes of\nclause 5.13 shall—\n(a) include a sketch plan showing the portions of a thoroughfare which are proposed to be\nburned; and\n(b) advise of the estimated fire intensity and the measures to be taken to protect upper storey\nvegetation from the burn.\n5.15 When application for permit can be approved\nThe local government may approve an application for a permit for the purpose of clause 5.13 only if\nthe burning of the particular part of the thoroughfare will—\n(a) reduce a fire hazard and alternative means of reducing that hazard, such as slashing or the\nuse of herbicides, are considered by the local government to be not feasible or more\ndetrimental to native flora and fauna than burning; or\n(b) in the opinion of the local government, be beneficial for the preservation and conservation of\nnative flora and fauna.\n5.16 Prohibitions on burning\nNotwithstanding anything to the contrary in this local law, an application for a permit for the purpose\nof clause 5.13 is not to be approved by the local government—\n(a) for burning between 31 August and 1 May of the following year where the intensity of the\nburn could damage native flora and fauna; or\n(b) in any year to any person for any part of a thoroughfare which is on the opposite side of the\ncarriageway to that portion of the thoroughfare for which a permit to burn has been approved\nin the same year.\n(c) Paragraph (b) does not apply where the firebreak is, in the opinion of the local government,\ndesirable for the protection of roadside vegetation.\nDivision 7—Firebreaks\n5.17 Permit for firebreaks on thoroughfares\nA person shall not construct a firebreak on a thoroughfare without first obtaining a permit.\n5.18 When application for permit cannot be approved\n(1) The local government is not to approve an application for a permit for the purpose of clause 5.17\nwhere the thoroughfare is less than 20m wide.\n(2) Subclause (1) does not apply where the firebreak is, in the opinion of the local government,\ndesirable for the protection of roadside vegetation.\nDivision 8—Commercial wildflower harvesting on thoroughfares\n5.19 General prohibition on commercial wildflower harvesting\nSubject to clause 5.20, a person shall not commercially harvest native flora on a thoroughfare.\n5.20 Permit for revegetation projects\n(1) A person shall not collect seed from native flora on a thoroughfare without first obtaining a\n(2) The local government may approve an application for a permit under subclause (1) only where—\n(a) the seed is required for a revegetation project in any part of the district; and\n(b) the thoroughfare, or the relevant part of it, is not a special environmental area.\n(3) Unless the local government specifically provides to the contrary on a permit, if the local\ngovernment approves an application for a permit for the purpose of subclause (1) it is to be taken to be\napproved subject to the following conditions—\n(a) the collection of the seed is to be carried out so as not to endanger the long time survival of\nthe native flora on the thoroughfare; and\n(b) any licence or approval which may be required under any other written law is to be obtained\nby the applicant.\n\n4146 GOVERNMENT GAZETTE, WA 1 August 2017\nPART 6—TRADING IN THOROUGHFARES AND PUBLIC PLACES\nDivision 1—Stallholders and traders\nIn this Division, unless the context otherwise requires—\nCompetition Principles Agreement means the Competition Principles Agreement executed by\neach State and Territory of the Commonwealth and the Commonwealth of Australia on\n11 April 1995;\npublic place includes—\n(a) any thoroughfare or place which the public are allowed to use whether or not the\nthoroughfare or place is on private property; and\n(b) local government property;\nbut does not include premises on private property from which trading is lawfully conducted\nunder a written law.\nstall means a movable or temporarily fixed structure, stand or table in, on or from which goods or\nservices are sold, hired or offered for sale or hire;\nstallholder means a person in charge of a stall;\nstallholder’s permit means a permit issued to a stallholder;\ntrader means a person who carries on trading;\ntrader’s permit means a permit issued to a trader; and\ntrading includes—\n(a) the selling or hiring of, the offering for sale or hire of or the soliciting of orders for goods\nor services in a public place;\n(b) displaying goods in any public place for the purpose of—\n(i) offering them for sale or hire;\n(ii) inviting offers for their sale or hire;\n(iii) soliciting orders for them; or\n(iv) carrying out any other transaction in relation to them; and\n(c) the going from place to place, whether or not public places, and—\n(i) offering goods or services for sale or hire; or\n(ii) inviting offers or soliciting orders for the sale or the hire of goods or services,\nbut does not include—\n(d) the delivery of pre-ordered goods or services to the purchaser of those goods or services\nor to the person nominated by the purchaser of those goods or services whether or not\npayment for those goods or services is accepted on delivery; or\nthe taking of further orders for goods or services from the purchaser of those pre-\nordered goods or services or from the person nominated by the purchaser of those pre-\nordered goods or services when those orders are taken at the same time as a previous\norder is being delivered, whether or not payment is made for those goods or services at\nthe time of taking the order;\n(e) the setting up of a stall or the conducting of a business at a stall under the authority of\na stallholder’s permit;\n(f) the selling or the offering for sale of goods and services to, or the soliciting of orders for\ngoods and services from a person who sells those goods or services;\n(g) the selling or the offering for sale or hire by a person of goods of her or his own\nmanufacture or services which he or she provides; and\n(h) the selling or hiring or the offering for sale or hire of—\n(i) goods by a person who represents a manufacturer of the goods; or\n(ii) services by a person who represents a provider of the services,\nwhich are only sold directly to consumers and not through a shop.\n6.2 Stallholder’s permit\n(1) A person shall not conduct a stall on a public place unless that person is—\n(a) the holder of a valid stallholder’s permit; or\n(b) an assistant specified in a valid stallholder’s permit.\n(2) Every application for a stallholder’s permit shall—\n(a) state the full name and address of the applicant;\n(b) specify the proposed number of assistants to be engaged by the applicant in conducting the\nstall, as well as their names and addresses if already engaged;\n(c) specify the proposed location of the stall;\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4147\n(d) specify the period of time for which the permit is sought, together with the proposed days and\nhours of operation;\n(e) specify the proposed goods or services to be sold or hired or offered for sale or hire from the\nstall; and\n(f) be accompanied by an accurate plan and description of the proposed stall.\n6.3 Trader’s permit\n(1) A person shall not carry on trading unless that person is—\n(a) the holder of a valid trader’s permit; or\n(b) an assistant specified in a valid trader’s permit.\n(2) Every application for a trader’s permit shall—\n(a) state the full name and address of the applicant;\n(b) specify the proposed number of assistants, if any, to be engaged by the applicant in trading,\nas well as their names and addresses if already engaged;\n(c) specify the location or locations in which the applicant proposes to trade;\n(d) specify the period of time for which the permit is sought, together with the proposed days and\nhours of trading;\n(e) specify the proposed goods or services which will be traded; and\n(f) be accompanied by an accurate plan and description of any proposed structure or vehicle\nwhich may be used by the applicant in trading.\n6.4 No permit required to sell newspaper\nNotwithstanding any other provision of this local law, a person who sells, or offers for sale, a\nnewspaper only is not required to obtain a permit.\n6.5 Relevant considerations in determining application for permit\n(1) In determining an application for a permit for the purposes of this Division, the local government\nis to have regard to—\n(a) any relevant policies of the local government;\n(b) the desirability of the proposed activity;\n(c) the location of the proposed activity;\n(d) the principles set out in the Competition Principles Agreement; and\n(e) such other matters as the local government may consider to be relevant in the circumstances\nof the case.\n(2) The local government may refuse to approve an application for a permit under this Division on any\none or more of the following grounds—\n(a) that the applicant has committed a breach of any provision of this local law or of any written\nlaw relevant to the activity in respect of which the permit is sought; or\n(b) that—\n(i) the applicant is an undischarged bankrupt or is in liquidation;\n(ii) the applicant has entered into any composition or arrangement with creditors; or\n(iii) a manager, an administrator, a trustee, a receiver, or a receiver and manager has been\nappointed in relation to any part of the applicant’s undertakings or property.\n6.6 Conditions of permit\n(1) If the local government approves an application for a permit under this Division subject to\nconditions, those conditions may include—\n(a) the place, the part of the district, or the thoroughfare to which the permit applies;\n(b) the days and hours during which a permit holder may conduct a stall or trade;\n(c) the number, type, form and construction, as the case may be, of any stand, table, structure or\nvehicle which may be used in conducting a stall or in trading;\n(d) the goods or services in respect of which a permit holder may conduct a stall or trade;\n(e) the number of persons and the names of persons permitted to conduct a stall or trade;\n(f) the requirement for personal attendance at the stall or the place of trading by the permit\nholder and the nomination of assistants, nominees or substitutes for the permit holder;\n(g) whether and under what terms the permit is transferable;\n(h) any prohibitions or restrictions concerning the—\n(i) causing or making of any noise or disturbance which is likely to be a nuisance to\npersons in the vicinity of the permit holder;\n(ii) the use of amplifiers, sound equipment and sound instruments;\n(iii) the use of signs; and\n(iv) the use of any lighting apparatus or device;\n(i) the manner in which the permit holder’s name and other details of a valid permit are to be\ndisplayed;\n\n","sortOrder":25},{"sectionNumber":"4148","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4148 GOVERNMENT GAZETTE, WA 1 August 2017\n(j) the care, maintenance and cleansing of the stall or any structure used for trading and the\nplace of the stall or any structure;\n(k) the vacating of the place of a stall or trading when the stall is not being conducted or trading\nis not being carried on;\n(l) the acquisition by the stallholder or trader of public risk insurance;\n(m) the period for which the permit is valid; and\n(n) the designation of any place or places where trading is wholly or from time to time prohibited\nby the local government.\n(2) Where a permit holder by reason of illness, accident or other sufficient cause is unable to comply\nwith this local law, the local government may at the request of that permit holder authorize another\nperson to be a nominee of the permit holder for a specified period, and this local law and the\nconditions of the permit shall apply to the nominee as if he or she was the permit holder.\n6.7 Exemptions from requirement to pay fee or to obtain a permit\ncharitable organisation means an institution, association, club, society or body whether\nincorporated or not, the objects of which are of a charitable, benevolent, religious, cultural,\neducational, recreational, sporting or other like nature and from which any member does not\nreceive any pecuniary profit except where the member is an employee or the profit is an\nhonorarium; and\ncommercial participant means any person who is involved in operating a stall or in conducting\nany trading activity for personal gain or profit.\n(2) The local government may waive any fee required to be paid by an applicant for a stallholder’s\npermit or a trader’s permit on making an application for or on the issue of a permit, or may return\nany such fee which has been paid, if the stall is conducted or the trading is carried on—\n(a) on a portion of a public place adjoining the normal place of business of the applicant; or\n(b) by a charitable organisation that does not sublet space to, or involve commercial participants\nin the conduct of a stall or trading, and any assistants that may be specified in the permit are\nmembers of that charitable organisation.\n(3) The local government may exempt a person or a class of persons, whether or not in relation to a\nspecified public place, from the requirements of this Division.\nSubdivision 3—Conduct of stallholders and traders\n6.8 Conduct of stallholders and traders\n(1) A stallholder while conducting a stall or a trader while trading shall—\n(a) display her or his permit to do so in a conspicuous place on the stall, vehicle or temporary\nstructure or if there is no stall, vehicle or temporary structure, carry the permit with her or\nhim while conducting a stall or trading;\n(b) not display a permit unless it is a valid permit; and\n(c) when selling goods by weight, carry and use for that purpose, scales tested and certified in\naccordance with the provisions of the National Measurement Act 1960 (Cth).\n(2) A stallholder or trader shall not—\n(a) deposit or store any box or basket containing goods on any part of a thoroughfare so as to\nobstruct the movement of pedestrians or vehicles;\n(b) act in an offensive manner;\n(c) use or cause to be used any apparatus or device including any flap or shelf, whereby the\ndimensions of a stall, vehicle or structure are increased beyond those specified in the permit;\nor\n(d) in the case of a trader, carry on trading from a public place, unless there is adequate parking\nfor customers’ vehicles reasonably close to the place of trading.\nDivision 2—Street entertainers\n6.9 Interpretation\nIn this Division, unless the context otherwise requires—\nperform includes to play a musical instrument, sing, mime, dance, give an acrobatic or aerobic\ndisplay or entertain, but does not include public speaking;\npermit means a permit issued for the purpose of clause 6.10;\npermitted area means the area or areas, specified in a permit, in which the permit holder may\nperform; and\npermitted time means the time or times, specified in a permit, during which the permit holder\nmay perform.\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4149\n6.10 Permit required to perform\nA person shall not perform in a public place without a permit.\n6.11 Variation of permitted area and permitted time\n(1) The local government may by notice in writing to a permit holder vary—\n(a) the permitted area;\n(b) the permitted time; or\n(c) both the permitted area and the permitted time,\nshown on a permit.\n(2) The local government may direct a permit holder to move from one permitted area to another\npermitted area, if more than one area is specified in a permit.\n6.12 Duration of permit\nA permit is valid for a period of 3 months after the date on which it is issued unless it is sooner\ncancelled under this local law.\n6.13 Cancellation of permit\nThe CEO may cancel a permit if in her or his opinion the volume of sound caused by the permit holder\nin connection with the performance adversely affects the enjoyment, convenience or comfort of other\npersons in a public place, or if, in her or his opinion, or in the opinion of an authorised person, the\nperformance otherwise constitutes a nuisance.\n6.14 Obligations of permit holder\nA permit holder shall not in a public place—\n(a) perform wearing dirty, torn or ragged clothing;\n(b) act in an offensive manner; or\n(c) place, install, erect, play or use any musical instrument or any device which emits music,\nincluding a loud speaker or an amplifier—\n(i) other than in the permitted area; and\n(ii) unless the musical instrument or device is specified in the permit.\nDivision 3—Outdoor eating facilities on public places\n6.15 Interpretation\nFacility means an outdoor eating facility or establishment on any part of a public place, but does\nnot include such a facility or establishment on private land;\npermit holder means the person to whom a permit has been issued for the purpose of clause\n6.16; and\npublic place has the meaning given to it in clause 6.1.\n6.16 Permit required to conduct Facility\nA person shall not establish or conduct a Facility without a permit.\n6.17 Matters to be considered in determining application\nIn determining an application for a permit for the purpose of clause 6.16, the local government may\nconsider in addition to any other matter it considers relevant, whether or not—\n(a) the Facility is conducted in conjunction with and as an extension of a food business which\nabut on the Facility, and whether the applicant is the person conducting such food business;\n(b) any abutting food business is registered in accordance with the Food Act 2008 and whether\nthe use of the business is permitted under the town planning scheme;\n(c) users of the Facility will have access to proper and sufficient sanitary and ablutionary\nconveniences;\n(d) the Facility would—\n(i) obstruct the visibility or clear sight lines at an intersection of thoroughfares of any\nperson; or\n(ii) impede pedestrian access; and\n(e) the tables, chairs and other equipment to be used may obstruct or impede the use of the\npublic place for the purpose for which it was designed.\n6.18 Obligations of permit holder\n(1) The permit holder for a Facility shall—\n(a) ensure that the Facility is conducted at all times in accordance with the provisions of this\n(b) ensure that the eating area is kept in a clean and tidy condition at all times;\n(c) maintain the chairs, tables and other structures in the eating area in a good, clean and\nserviceable condition at all times; and\n\n","sortOrder":26},{"sectionNumber":"4150","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4150 GOVERNMENT GAZETTE, WA 1 August 2017\n(2) Whenever, in the opinion of the local government, any work is required to be carried out to a\nFacility, the local government may give a notice to the permit holder for the Facility to carry out that\nwork within the time limited by the notice.\n(3) In subclause (2), “work” includes the removal, alteration, repair, reinstatement or reconstruction\nof any part of a public place arising from or in connection with the setting up or conduct of a Facility.\n6.19 Removal of Facility unlawfully conducted\nWhere a Facility is conducted without a permit, or in contravention of a condition of a permit, any\ntables, chairs, umbrellas or other equipment may be removed by an authorised person and impounded\nin accordance with the Act.\n6.20 Use of Facility by public\n(1) A person shall not occupy a chair or otherwise use the equipment in a Facility the subject of a\npermit unless the person uses them for the purpose of consuming food or drinks provided by the\nFacility.\n(2) A person shall leave a Facility when requested to do so by the permit holder.\n6.21 Temporary removal of Facility may be requested\n(1) The permit holder for a Facility is to temporarily remove the Facility when requested to do so on\nreasonable grounds by an authorised person or a member of the Police Service or an emergency\nservice.\n(2) The permit holder may replace the Facility removed under subclause (1) as soon as the person who\ndirected her or him to remove it allows it to be replaced.\nPART 7—PERMITS\nDivision 1—Applying for a permit\n7.1 Application for permit\n(1) Where a person is required to obtain a permit under this local law, that person shall apply for the\npermit in accordance with subclause (2).\n(2) An application for a permit under this local law shall—\n(a) be in the form determined by the local government from time to time;\n(b) be signed by the applicant;\nrelated to an application before determining an application for a permit.\n(4) The local government may require an applicant to give local public notice of the application for a\n(5) The local government may refuse to consider an application for a permit which is not in accordance\nwith subclause (2).\n7.2 Decision on application for permit\n(a) approve an application for a permit unconditionally or subject to any conditions; or\n(b) refuse to approve an application for a permit.\n(2) If the local government approves an application for a permit, it is to issue to the applicant a permit\nin the form determined by the local government.\n(3) If the local government refuses to approve an application for a permit, it is to give written notice of\n(4) Where a clause of this local law refers to conditions which may be imposed on a permit or which\nare to be taken to be imposed on a permit, the clause does not limit the power of the local government\nto impose other conditions on the permit under subclause (1)(a).\n(5) Where a clause of this local law refers to the grounds on which an application for a permit may be\nor is to be refused, the clause does not limit the power of the local government to refuse the\napplication for a permit on other grounds under subclause (1)(b).\nDivision 2—Conditions\n7.3 Conditions which may be imposed on a permit\nThe local government may approve an application for a permit subject to conditions relating to—\n(a) the payment of a fee;\n(b) the duration and commencement of the permit;\n(c) the commencement of the permit being contingent on the happening of an event;\n(d) the rectification, remedying or restoration of a situation or circumstance reasonably related to\nthe application;\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4151\n(e) the approval of another application for a permit which may be required by the local\ngovernment under any written law;\n(f) the area of the district to which the permit applies;\n(g) where a permit is issued for an activity which will or may cause damage to a public place, the\npayment of a deposit or bond against such damage;\n(h) the obtaining of public risk insurance in an amount and on terms reasonably required by the\nlocal government; and\n(i) the provision of an indemnity from the permit holder indemnifying the local government in\nrespect of any injury to any person or any damage to any property which may occur in\nconnection with the use of the public place by the permit holder.\n7.4 Imposing conditions under a policy\npolicy means a policy of the local government adopted by the Council containing conditions\nsubject to which an application for a permit may be approved under clause 7.2(1)(a).\n(2) Under clause 7.2(1)(a) the local government may approve an application subject to conditions by\nreference to a policy.\n(3) The local government is to give a copy of the policy, or the part of the policy which is relevant to\nthe application for a permit, with the form of permit referred to in clause 7.2(2).\n(4) An application for a permit is to be taken not to have been approved subject to the conditions\ncontained in a policy until the local government gives the permit holder a copy of the policy or the\npart of the policy which is relevant to the application.\n(5) Sections 5.94 and 5.95 of the Act shall apply to a policy and for that purpose a policy is to be taken\nto be information within section 5.94(u)(i) of the Act.\n7.5 Compliance with and variation of conditions\n(1) Where an application for a permit has been approved subject to conditions, or where a permit is to\nbe taken to be subject to conditions under this local law, the permit holder shall comply with each of\nthose conditions.\n(2) The local government may vary the conditions of a permit, and the permit holder shall comply\nwith those conditions as varied.\nDivision 3—General\n7.6 Duration of permit\nA permit is valid for one year from the date on which it is issued, unless it is—\n(a) otherwise stated in this local law or in the permit; or\n(b) cancelled under clause 7.10.\n7.7 Renewal of permit\n(1) A permit holder may apply to the local government in writing prior to expiry of a permit for the\nrenewal of the permit.\n(2) The provisions of—\n(a) this Part; and\n(b) any other provision of this local law relevant to the permit which is to be renewed,\nshall apply to an application for the renewal of a permit with all the necessary changes as required.\n7.8 Transfer of permit\n(1) An application for the transfer of a valid permit is to—\n(a) be made in writing;\n(b) be signed by the permit holder and the proposed transferee of the permit;\n(c) provide such information as the local government may require to enable the application to be\ndetermined; and\n(2) The local government may approve an application for the transfer of a permit, refuse to approve it\nor approve it subject to any conditions.\n(3) Where the local government approves an application for the transfer of a permit, the transfer may\nbe effected by—\n(a) an endorsement on the permit signed by the CEO; or\n(b) issuing to the transferee a permit in the form determined by the local government.\n(4) Where the local government approves an application for the transfer of a permit, it is not required\nto refund any part of any fee paid by the former permit holder.\n7.9 Production of permit\nA permit holder is to produce to an authorised person her or his permit immediately upon being\nrequired to do so by that authorised person.\n\n","sortOrder":27},{"sectionNumber":"4152","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4152 GOVERNMENT GAZETTE, WA 1 August 2017\n7.10 Cancellation of permit\n(1) Subject to clause 8.1, a permit may be cancelled by the local government if the permit holder has\nnot complied with a—\n(a) condition of the permit; or\n(b) provision of any written law which may relate to the activity regulated by the permit.\n(2) On the cancellation of a permit the permit holder—\n(a) shall return the permit as soon as practicable to the local government; and\n(b) is to be taken to have forfeited any fees paid in respect of the permit.\n8.1 Application of Part 9 Division 1 of Act\nWhen the local government makes a decision—\n(a) under clause 7.2(1); or\n(b) as to whether it will renew, vary, or cancel a permit,\nthe provisions of Division 1 of Part 9 of the Act apply to that decision.\nPART 9—MISCELLANEOUS NOTICES\n9.1 Notice to redirect or repair sprinkler\nWhere a lawn or a garden is being watered with a sprinkler which is on the lawn or the garden, in a\nmanner which causes or may cause an inconvenience or obstruction to any person using a\nthoroughfare, the local government may give a notice to the owner or the occupier of the land abutting\non the lawn or the garden, requiring the owner or the occupier or both to move or alter the direction of\nthe sprinkler or other watering equipment.\n9.2 Hazardous plants\n(1) Where a plant in a garden creates or may create a hazard for any person using a thoroughfare, the\nlocal government may give a notice to the owner or the occupier of the land abutting on the garden to\nremove, cut, move or otherwise deal with that plant so as to remove the hazard.\n(2) Subclause (1) does not apply where the plant was planted by the local government.\n9.3 Notice to repair damage to thoroughfare\nWhere any portion of a thoroughfare has been damaged, the local government may by notice to the\nperson who caused the damage order the person to repair or replace that portion of the thoroughfare\nto the satisfaction of the local government.\n9.4 Notice to remove thing unlawfully placed on thoroughfare\nWhere anything is placed on a thoroughfare in contravention of this local law, the local government\nmay by notice in writing to the owner or the occupier of the property which abuts on that portion of\nthe thoroughfare where the thing has been placed, or such other person who may be responsible for\nthe thing being so placed, require the relevant person to remove the thing.\nWhenever the local government gives a notice under this local law requiring a person to do anything,\nif the person fails to comply with the notice, the person commits an offence.\nWhere a person fails to comply with a notice referred to in clause 10.1, the local government may do\nthe thing specified in the notice and recover from that person, as a debt, the costs incurred in so\ndoing.\n10.3 Offences\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4153\n10.5 Forms\nUnless otherwise specified, for the purposes of this local law—\n(c) the form of the notice referred to in section 9.20 of the Act is that of Form 3 in Schedule 1 of\n————\n[Clause 10.4]\nClause Description\n$\n1 2.1(a) Plant any plant (except grasses or similar plant) within 10 metres\nof an intersection) 125\n2 2.1(b) Damaging lawn or garden 125\n3 2.1(c) Plant (except grass) on thoroughfare within 2m of carriageway 125\n4 2.1(d) Placing hazardous substance on footpath 125\n5 2.1(e) Damaging or interfering with signpost or structure on\nthoroughfare 350\n6 2.1(f) Playing games so as to impede vehicles or persons on thoroughfare 125\n7 2.1(g) Riding of skateboard or similar device on mall or verandah of\nshopping centre 125\n8 2.2(1)(a) Digging a trench through a kerb or footpath without a permit 125\n9 2.2(1)(b) Throwing or placing anything on a verge without a permit 125\n10 2.2(1)(c) Causing obstruction to vehicle or person on thoroughfare without a\npermit 125\n11 2.2(1)(d) Causing obstruction to water channel on thoroughfare without a\npermit 250\n12 2.2(1)(e) Placing or draining offensive fluid on thoroughfare without a\npermit 250\n13 2.2(1)(g) Lighting a fire on a thoroughfare without a permit 350\n14 2.2(1)(h) Felling tree onto thoroughfare without a permit 125\n15 2.2(1)(i) Installing pipes or stone on thoroughfare without a permit 125\n16 2.2(1)(j) Installing a hoist or other thing on a structure or land for use over\na thoroughfare without a permit 350\n17 2.2(1)(k) Creating a nuisance on a thoroughfare without a permit 125\n18 2.2(1)(l) Placing a bulk rubbish container on a thoroughfare without a\npermit 125\n19 2.2(1)(m) Interfering with anything on a thoroughfare without a permit 125\n20 2.3(1) Consumption or possession of liquor on thoroughfare 125\n21 2.4(1) Failure to obtain permit for temporary crossing 250\n22 2.5(2) Failure to comply with notice to remove crossing and reinstate\nkerb 350\n23 2.8(1) Installation of verge treatment other than permissible verge\ntreatment 250\n24 2.9 Failure to maintain permissible verge treatment or placement of\nobstruction on verge 125\n25 2.10 Failure to comply with notice to rectify a verge treatment 125\n26 2.16(2) Failure to comply with sign on public place 125\n27 2.17(1) Driving or taking a vehicle on a closed thoroughfare 350\n\n","sortOrder":28},{"sectionNumber":"4154","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4154 GOVERNMENT GAZETTE, WA 1 August 2017\nClause Description\n$\n28 3.2(1) Placing advertising sign or affixing any advertisement on a\nthoroughfare without a permit 125\n29 3.2(3) Erecting or placing of advertising sign in a prohibited area 125\n30 4.1(1) Animal or vehicle obstructing a public place or local government\nproperty 125\n31 4.2(2)(a) Animal on thoroughfare when not led, ridden or driven 125\n32 4.2(2)(b) Animal on public place with infectious disease 125\n33 4.2(2)(c) Training or racing animal on thoroughfare in built-up area 125\n34 4.2(3) Horse led, ridden or driven on thoroughfare in built-up area 125\n35 4.5 Person leaving shopping trolley in public place other than trolley\nbay 125\n36 4.6(2) Failure to remove shopping trolley upon being advised of location 125\n37 5.6(1) Driving a vehicle on other than the carriageway of a flora road 250\n38 5.9 Planting in thoroughfare without a permit 250\n39 5.11 Failure to obtain permit to clear a thoroughfare 500\n40 5.13 Burning of thoroughfare without a permit 500\n41 5.17 Construction of firebreak on thoroughfare without a permit 500\n42 5.19 Commercial harvesting of native flora on thoroughfare 500\n43 5.20(1) Collecting seed from native flora on thoroughfare without a permit 350\n44 6.2(1) Conducting of stall in public place without a permit 350\n45 6.3(1) Trading without a permit 350\n46 6.8(1)(a) Failure of stallholder or trader to display or carry permit 125\n47 6.8(1)(b) Stallholder or trader not displaying valid permit 125\n48 6.8(1)(c) Stallholder or trader not carrying certified scales when selling\ngoods by weight 125\n49 6.8(2) Stallholder or trader engaged in prohibited conduct 125\n50 6.10 Performing in a public place without a permit 125\n51 6.11(2) Failure of performer to move onto another area when directed 125\n52 6.14 Failure of performer to comply with obligations 125\n53 6.16 Establishment or conduct of outdoor eating facility without a\npermit 350\n54 6.18 Failure of permit holder of outdoor eating facility to comply with\nobligations 125\n55 6.20(1) Use of equipment of outdoor eating facility without purchase of\nfood or drink from facility 60\n56 6.20(2) Failure to leave outdoor eating facility when requested to do so by\npermit holder 60\n57 7.5 Failure to comply with a condition of a permit 125\n58 7.9 Failure to produce permit on request of authorised person 125\n59 10.1 Failure to comply with notice given under local law 125\n————\nDated: 16 June 2017.\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4155\nBUSH FIRES ACT 1954\nPART 2—ESTABLISHMENT OF BUSH FIRE BRIGADES\nDivision 1—Establishment of a Bush Fire Brigade\n2.1 Establishment of a bush fire brigade\n2.2 name and officers of bush fire brigade\nDivision 2—Command at a fire\n2.3 Ranks within the bush fire brigade\nDivision 3—Application of Rules to a bush fire brigade\n2.4 Rules\nDivision 4—Transitional\n2.5 Existing bush fire brigades\nDivision 5—Dissolution of Bush Fire Brigade\n2.6 Dissolution of bush fire brigade\n2.7 New Arrangement after dissolution\nPART 3—ORGANISATION AND MAINTENANCE OF BUSH FIRE BRIGADES\nDivision 1—local government responsibility\n3.1 Local government responsible for structure\n3.2 Officers to be supplied with Act\nDivision 2—Chief Bush Fire Control Officer\n3.3 Managerial role of Chief Bush Fire Control Officer\n3.4 Chief Bush Fire Control Officer may attend meetings\n3.5 Duties of Chief Bush FireControlOfficer\nDivision 3—Annual General Meetings of Bush Fire Brigades\n3.6 Holding of annual general meeting\n3.7 Nomination of Bush Fire Control Officers to Bush Fire Advisory Committee\n3.8 Nomination of Bush Fire Control Officer to the local government\n3.9 Minutes to be tabled before the Bush Fire Advisory Committee\n\n","sortOrder":29},{"sectionNumber":"4156","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4156 GOVERNMENT GAZETTE, WA 1 August 2017\nDivision 4—Bush Fire Advisory Committee\n3.10 Functions of Advisory Committee\n3.11 Advisory Committee to nominate Bush Fire Control Officers\n3.12 Local government to have regard to nominees\n3.13 Advisory Committee to consider bush fire brigade motions\nPART 4—TYPES OF BUSH FIRE BRIGADE MEMBERSHIP\n4.1 Types of membership of bush fire brigade\n4.2 Fire fighting members\n4.3 Associate members\n4.4 Cadet members\n4.5 Honorary life member\n4.6 Notification of membership\nPART 5—APPOINTMENT DISMISSAL AND MANAGEMENT OF MEMBERS\n5.1 Rules to govern\nPART 6—EQUIPMENT OF BUSH FIRE BRIGADES\n6.1 Policies of local government\n6.2 Equipment in brigade area\n6.3 Funding from local government budget\n6.4 Consideration in the local government budget\n","sortOrder":30},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"RULES GOVERNING THE OPERATION OF BUSH FIRE","content":"SCHEDULE 1—RULES GOVERNING THE OPERATION OF BUSH FIRE\nBRIGADES [CL 2.4]\n1.1 Interpretation\nPART 2—OBJECTS AND MEMBERSHIP OF THE BUSHFIRE BRIGADE\n2.1 Objects of bush fire brigade\n2.2 Committee to determine applications\n2.3 Conditions of membership\n2.4 Applications for membership\n2.5 Decision on application for membership\n2.6 Department to be notified of registrations\n2.7 Termination of membership\n2.8 Suspension of membership\n2.9 Existing liabilities to continue\n2.10 Member has right of defence\n2.11 Objection rights\nPART 3—FUNCTIONS OF BRIGADE OFFICERS\n3.1 Chain of command during fire fighting activities\n3.2 Captain\n3.3 Secretary\n3.4 Treasurer\n3.5 Equipment Officer\n3.6 Storage of equipment\n3.7 Equipment Officer to report\nPART 4—COMMITTEE\n4.1 Management of bush fire brigade\n4.2 Constitution of Committee\nPART 5—MEETINGS OF BUSH FIRE BRIGADE\n5.1 Ordinary meetings\n5.2 Special meetings\n5.3 Annual General Meeting\n5.4 Quorum\n5.5 Voting\n5.6 Auditor\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4157\nPART 6—MEETINGS OF COMMITTEE\n6.1 Meetings of Committee\n6.2 Quorum\n6.3 Voting\nPART 7—GENERAL ADMINISTRATION MATTERS\n7.1 Fees\n7.2 Funds\n7.3 Financial year\n7.4 Banking\n7.5 Disclosure of interests\n7.6 Disagreements\n","sortOrder":31},{"sectionNumber":"Part 8","sectionType":"part","heading":"NOTICES AND PROXIES","content":"PART 8—NOTICES AND PROXIES\n8.1 Notices\n8.2 Proxies\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4159\nBUSH FIRES ACT 1954\nUnder the powers conferred by the Bush Fires Act 1954 and the Local Government Act 1995 and\nunder all other powers enabling it, the Council of the Shire of Northampton resolved on 16 June 2017\nto make the following local law.\nThis local law may be cited as the Shire of Northampton Bush Fire Brigades Local Law 2017.\n(1) In this local law unless the context otherwise requires—\nAct means the Bush Fires Act 1954;\nbrigade area is defined in clause 2.2(1)(b);\nbrigade member means a fire fighting member, associate member or a cadet member of a bush\nfire brigade;\nbrigade officer means a person holding a position referred to in clause 2.2(1)(c), whether or not\nhe or she was appointed by the local government or elected at an annual general meeting of a\nbush fire brigade or otherwise appointed to the position;\nbush fire brigade is defined in section 7 of the Act;\nbush fire control officer means a person appointed to that office by the local government;\nBush Fire Operating Procedures means the Bush Fire Operating Procedures adopted by the\nlocal government as amended from time to time;\ncadet means any adolescent member of the Brigade aged 11 to 15 years;\nChief Bush Fire Control Officer means the Chief Bush Fire Control Officer appointed under\nthe Act;\nCEO means the chief executive officer of the Shire of Northampton;\nCouncil means the Council of the local government;\nDepartment means the department of the Public Service principally assisting in the\nadministration of the Fire and Emergency Services Act 1998;\nfire fighting activities means all normal brigade activities relating to an live bush fire which is\nactive in the district, and includes burning off, creating fire breaks and other methods for the\ncontrol of bush fires;\nfire fighting member is defined in clause 4.2;\nRegulations means Regulations made under the Act;\nRules means the Rules Governing the Operation of Bush Fire Brigades set out in the Schedule 1;\nsimple majority means more than 50% of members present and voting; and\nvolunteer fire brigade has the meaning given in the Fire Brigades Act 1942.\n(2) In this local law, unless the context otherwise requires, a reference to—\n(a) a Captain;\n(b) a First Lieutenant;\n(c) a Second Lieutenant;\n\n","sortOrder":32},{"sectionNumber":"4160","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4160 GOVERNMENT GAZETTE, WA 1 August 2017\n(d) any additional Lieutenants;\n(e) an Equipment Officer;\n(f) a Secretary;\n(g) a Treasurer; or\n(h) a Secretary / Treasurer combined;\nmeans a person holding that position in a bush fire brigade.\nThe Municipality of the Shire of Northampton By-laws Relating to the Establishment, Maintenance\nand Equipment of Bush Fire Brigades as published in the Government Gazette on 15 May 1987 is\nrepealed.\nPART 2—ESTABLISHMENT OF BUSH FIRE BRIGADES\nDivision 1—Establishment of a bush fire brigade\n2.1 Establishment of a bush fire brigade\n(1) The local government may establish a bush fire brigade for the purpose of carrying out normal\nbrigade activities.\n(2) A bush fire brigade is established on the date of the local government’s decision under\nsubclause (1).\n2.2 Name and officers of bush fire brigade\n(1) On establishing a bush fire brigade under clause 2.1(1) the local government is to—\n(a) give a name to the bush fire brigade;\n(b) specify the area in which the bush fire brigade is primarily responsible for carrying out the\nnormal brigade activities; and\n(c) appoint—\n(i) a Captain;\n(ii) a First Lieutenant;\n(iii) a Second Lieutenant;\n(iv) additional Lieutenants if the local government considers it necessary;\n(v) an Equipment Officer;\n(vi) a Secretary;\n(vii) a Treasurer; and\n(viii) a Secretary/Treasurer combined;\n(2) When considering the appointment of persons to the positions in subclause (1)(c), the local\ngovernment is to have regard to the qualifications and experience which may be required to fill each\nposition.\n(3) A person appointed to a position in subclause (1)(c) is to be a registered brigade member.\n(4) The appointments referred to in subclause (1)(c) expire at the completion of the first annual\ngeneral meeting of the bush fire brigade.\n(5) If a position referred to in subclause (1)(c) becomes vacant prior to the completion of the first\nannual general meeting, then the local government is to appoint a person to fill the vacancy in\naccordance with subclause (2).\nDivision 2—Command at a fire\n2.3 Ranks within the bush fire brigade\n(1) Where under the Act and Bush Fire Operating Procedures members of the bush fire brigade have\ncommand of a fire, unless a bush fire control officer is in attendance at the fire, the Captain has full\ncontrol over other persons fighting the fire, and is to issue instructions as to the methods to be\nadopted by the fire fighters.\n(2) In the absence of the Captain, the Fire Control Officer, in the order of seniority determined, is to\nexercise all the powers and duties of the Captain.\n(3) Where a bush fire control officer is in attendance at a fire which the members of the bush fire\nbrigade have command of under the Act and the Bush Fire Operating Procedures, the most senior\nbush fire control officer has full control over other persons fighting the fire and is to issue instructions\nas to the methods to be adopted by the fire fighters.\nDivision 3—Application of Rules to a bush fire brigade\n2.4 Rules\n(1) The Rules govern the operation of a bush fire brigade.\n(2) A bush fire brigade and each brigade member is to comply with the Rules.\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4161\nDivision 4—Transitional\n2.5 Existing bush fire brigades\n(1) Where a local government has established a bush fire brigade prior to the commencement date,\nthen on and from the commencement day—\n(a) the bush fire brigade is to be taken to be a bush fire brigade established under and in\naccordance with this local law;\n(b) the provisions of this local law apply to the bush fire brigade save for clause 2.2; and\n(c) any rules governing the operation of the bush fire brigade are to be taken to have been\nrepealed and substituted with the Rules.\ncommencement day means the day on which this local law comes into operation.\nDivision 5—Dissolution of bush fire brigade\n2.6 Dissolution of bush fire brigade\nIn accordance with section 41(3) of the Act, the local government may cancel the registration of a bush\nfire brigade if it is of the opinion that the bush fire brigade is not complying with the Act, this local\nlaw, the Bush Fire Operating Procedures or the Rules, or is not achieving the objectives for which it\nwas established.\n2.7 New arrangement after dissolution\nIf a local government cancels the registration of a bush fire brigade, alternative fire control\narrangements are to be made in respect of the brigade area.\nPART 3—ORGANISATION AND MAINTENANCE OF BUSH FIRE BRIGADES\nDivision 1—Local government responsibility\n3.1 Local government responsible for structure\nThe local government is to ensure that there is an appropriate structure through which the\norganisation of bush fire brigades is maintained.\n3.2 Officers to be supplied with Act\nThe local government is to supply each brigade officer with a copy of the Act, the Regulations, the\nBush Fire Operating Procedures, this local law and any other written laws which may be relevant to\nthe performance of the brigade officers’ functions, and any amendments which are made thereto from\ntime to time.\nDivision 2—Chief Bush Fire Control Officer\n3.3 Managerial role of Chief Bush Fire Control Officer\n(a) Subject to any directions by the local government the Chief Bush Fire Control Officer has\nprimary managerial responsibility for the organisation and maintenance of bush fire\nbrigades.\n(b) Where only one person is appointed as a bush fire control officer by the local government, that\nperson is a Chief Bush Fire Control Officer for the purposes of this local law.\n3.4 Chief Bush Fire Control Officer may attend meetings\nThe Chief Bush Fire Control Officer or her or his nominee (who is to be a bush fire control officer)\nmay attend as a non-voting representative of the local government at any meeting of a bush fire\nbrigade.\n3.5 Duties of Chief Bush Fire Control Officer\nThe duties of the Chief Bush Fire Control Officer are to—\n(a) provide leadership to volunteer fire brigade;\n(b) monitor bush fire brigades’ resourcing, equipment (including protective clothing) and training\nlevels and report thereon with recommendations at least once a year to the local government;\n(c) liaise with the local government concerning fire prevention or fire suppression matters\ngenerally and directions to be issued by the local government to bush fire control officers\n(including those who issue permits to burn), bush fire brigades or brigade officers; and\n(d) ensure that bush fire brigades are registered with the local government and that lists of\nbrigade members are maintained.\nDivision 3—Annual general meetings of bush fire brigades\n3.6 Holding of annual general meeting\nA bush fire brigade is to hold one annual general meeting every financial year.\n\n","sortOrder":33},{"sectionNumber":"4162","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4162 GOVERNMENT GAZETTE, WA 1 August 2017\n3.7 Nomination of bush fire control officers to Bush Fire Advisory Committee\nAt the annual general meeting of a bush fire brigade, the brigade may nominate preferred candidates\nfor the position of bush fire control officer to the Chief Bush Fire Control Officer and to the Bush Fire\nAdvisory Committee for consideration and recommendation to the local government.\n3.8 Nomination of bush fire control officer to the local government\nIf the local government has not established a Bush Fire Advisory Committee, then at the annual\ngeneral meeting of a bush fire brigade, the bush fire brigade is to nominate one brigade member to\nthe local government to serve as the bush fire control officer for the brigade area until the next\nannual general meeting.\n3.9 Minutes to be tabled before the Bush Fire Advisory Committee\n(1) The Secretary is to forward a copy of the minutes of the annual general meeting of a bush fire\nbrigade to the Chief Bush Fire Control Officer within one month after the meeting.\n(2) The Chief Bush Fire Control Officer is to table the minutes of a bush fire brigade’s annual general\nmeeting at the next meeting of the—\n(a) Bush Fire Advisory Committee; or\n(b) Local government, if there is no Bush Fire Advisory Committee,\nfollowing their receipt under subclause (1).\nDivision 4—Bush Fire Advisory Committee\n3.10 Functions of Advisory Committee\nThe Bush Fire Advisory Committee is to have the functions set out in section 67 of the Act and is to\ninclude such number of nominees of the bush fire brigades as is determined by the local government.\n3.11 Advisory Committee to nominate bush fire control officers\nAs soon as practicable after the annual general meeting of each bush fire brigade in the district, the\nBush Fire Advisory Committee is to nominate to the local government from the persons nominated by\neach bush fire brigade a person for the position of a bush fire control officer for the brigade area.\n3.12 Local government to have regard to nominees\nWhen considering persons for the position of a bush fire control officer, the local government is to\nhave regard to those persons nominated by the Bush Fire Advisory Committee, but is not bound to\nappoint the persons nominated.\n3.13 Advisory Committee to consider bush fire brigade motions\nThe Bush Fire Advisory Committee is to make recommendations to the local government on all\nmotions received by the Bush Fire Advisory Committee from bush fire brigades.\nPART 4—TYPES OF BUSH FIRE BRIGADE MEMBERSHIP\n4.1. Types of membership of bush fire brigade\nThe membership of a bush fire brigade consists of the following—\n(a) fire fighting members;\n(b) associate members;\n(c) cadet members; and\n(d) honorary life members.\n4.2 Fire fighting members\n(1) Fire fighting members are those persons being at least 16 years of age who undertake all normal\nbrigade activities.\n(2) Notwithstanding subclause (1), a fire fighting member aged from 16 to 18 years must not attend a\nfire or other emergency incident unless the member has the consent of their parent or guardian and is\naccompanied by an appropriately trained fire fighting member over the age of 18.\n4.3 Associate members\nAssociate members are those persons who are willing to supply free vehicular transport for fire\nfighting members or fire fighting equipment, or who are prepared to render other assistance required\nby the bush fire brigade.\n4.4 Cadet members\nCadet members are—\n(a) to be aged 11 to 15 years;\n(b) to be admitted to membership only with the consent of their parent or guardian;\n(c) admitted for the purpose of training and are not to attend or be in attendance at an\nuncontrolled fire or other emergency incident;\n(d) to be supervised by a fire fighting member when undertaking normal brigade activities as\ndefined by paragraphs (c), (d), (e), (f) and (g) of section 35A of the Act;\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4163\n(e) ineligible to vote at bush fire brigade meetings; and\n(f) not to be assigned ranks under the Department’s rank structure.\n4.5 Honorary life member\n(1) The bush fire brigade may by a simple majority resolution appoint a person as an honorary life\nmember in recognition of services by that person to the bush fire brigade.\n(2) No membership fees are to be payable by an honorary life member.\n4.6 Notification of membership\nNo later than 31 May in each year, the bush fire brigade is to report to the Chief Bush Fire Control\nOfficer the name, contact details and type of membership of each brigade member.\nPART 5—APPOINTMENT DISMISSAL AND MANAGEMENT OF MEMBERS\n5.1 Rules to govern\nThe appointment, dismissal and management of brigade members by the bush fire brigade are\ngoverned by the Rules.\nPART 6—EQUIPMENT OF BUSH FIRE BRIGADES\n6.1 Policies of local government\nThe local government may make policies under which it—\n(a) provides funding to bush fire brigades for the purchase of protective clothing, equipment and\nappliances; and\n(b) keeps bush fire brigades informed of opportunities for funding from other bodies.\n6.2 Equipment in brigade area\nNot later than 31 May in each year, the bush fire brigade is to report to the local government the\nnature, quantity and quality of all protective clothing, equipment and appliances of the bush fire\nbrigade which are generally available within the brigade area (or at a station of the bush fire\nbrigade).\n6.3 Funding from local government budget\nA request to the local government from the bush fire brigade for funding of protective clothing,\nequipment or appliance needs is to be received by the local government by 31 March in order to be\nconsidered in the next following local government budget, and is to be accompanied by the last\naudited financial statement and a current statement of assets and liabilities of the bush fire brigade.\n6.4 Consideration in the local government budget\nThe local government may approve or refuse an application for funding depending upon the\nassessment of budget priorities for the year in question.\n————\nRULES GOVERNING THE OPERATION OF BUSH FIRE BRIGADES\n[Clause 5.1]\n1.1 Interpretation\n(1) In these Rules, unless the context otherwise requires, where a term is used in these Rules and is\ndefined in the local law, the Act or the Regulations, then the term is to be taken to have the meaning\nassigned to it in the local law, the Act or the Regulations, as the case may be.\n(2) In these Rules, unless the context otherwise requires—\nabsolute majority means a majority of more than 50% of the total number of—\n(a) brigade members of the bush fire brigade, whether in attendance at the meeting or not,\nif the majority is required at a meeting of the bush fire brigade; or\n(b) brigade officers of the bush fire brigade, whether in attendance at the meeting or not, if\nthe majority is required at a meeting of the Committee.\nCommittee means the Committee of the bush fire brigade;\nlocal law means the Shire of Northampton Bush Fire Brigades Local Law 2017; and\nnormal brigade activities is defined by section 35A of the Act.\n(3) Subject to these Rules, where a decision is to be made by the bush fire brigade, then the decision\nmay be made by a resolution passed by a simple majority of the brigade members who are present in\nperson or by proxy at the meeting.\n(4) Subject to these Rules, where a decision is to be made by the Committee, then the decision may be\nmade by a resolution passed by a simple majority of the brigade officers who are present in person or\nby proxy at the meeting.\n\n","sortOrder":34},{"sectionNumber":"4164","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4164 GOVERNMENT GAZETTE, WA 1 August 2017\nPART 2—OBJECTS AND MEMBERSHIP OF BUSH FIRE BRIGADE\n2.1 Objects of bush fire brigade\nThe objects of the bush fire brigade are to carry out—\n(a) the normal brigade activities; and\n(b) the functions of the bush fire brigade which are specified in the Act, the Regulations and the\nlocal law.\n2.2 Committee to determine applications\nApplications for membership are to be determined by the Committee.\n2.3 Conditions of membership\nIn relation to any type of membership, as described in Part 4 of the local law, the bush fire brigade\nmay establish policies pertaining to—\n(a) the qualifications required;\n(b) fees payable, if any;\n(c) a requirement to serve a probationary period; and\n(d) procedures to be employed by the Committee prior to approval of an application for\nmembership,\nand the Committee is to act within the parameters of any such policy in determining applications for\nmembership.\n2.4 Applications for membership\nAn application for membership is to be in writing and is to be submitted to the Secretary and in the\ncase of—\n(a) an application for firefighting membership is to be accompanied by a completed form in the\nform of that in Appendix I.\n(b) an application for associate membership is to be accompanied by a completed form in the\nform of that in Appendix II.\n(c) an application for cadet membership is to be accompanied by a completed form in the form of\nthat in Appendix III.\n2.5 Decision on application for membership\n(1) The Committee may—\n(a) approve an application for membership unconditionally or subject to any conditions; or\n(b) refuse to approve an application for membership.\n(2) If the Committee refuses to approve an application for membership, it is to give written reasons\nfor the refusal, as soon as practicable after the decision is made, to the applicant and the advice that\nthe applicant has the right to object to the local government.\n2.6 Department to be notified of registrations\nIf any application for membership is approved, the Secretary of the bush fire brigade is to supply\nregistration details to the Department of Fire and Emergency Services within 14 days of a person\nbeing admitted to membership in the form required by the Department from time to time.\n2.7 Termination of membership\n(1) Membership of the bush fire brigade terminates if the member—\n(a) dies;\n(b) gives written notice of resignation to the Secretary;\n(c) is, in the opinion of the Committee, permanently incapacitated by mental or physical ill-\nhealth;\n(d) is dismissed by the Committee; or\n(e) ceases to be a member or is taken to have resigned under subclause (2).\n(2) A brigade member whose membership fees are more than one year in arrears is to be taken to\nhave resigned from the bush fire brigade.\n2.8 Suspension of membership\n(1) Membership of the bush fire brigade may be suspended at any time if, in the opinion of the\nCommittee, circumstances warrant suspending the member.\n(2) The period of suspension shall be at the discretion of the Committee.\n(3) Upon the expiry of the period of suspension the Committee may—\n(a) extend the period of suspension;\n(b) terminate the membership; or\n(c) reinstate the membership.\n2.9 Existing liabilities to continue\nThe resignation or dismissal of a member under clause 2.7 does not affect any liability of the brigade\nmember arising prior to the date of resignation or dismissal.\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4165\n2.10 Member has right of defense\nA brigade member is not to be dismissed under clause 2.7(1)(d) without being given the opportunity to\nmeet with the Committee and answer any charges which might give grounds for dismissal.\n2.11 Objection Rights\nA person whose—\n(a) application for membership is refused under clause 2.5(1)(b);\n(b) membership is terminated under clause 2.7(1)(c), clause 2.7(1)(d) or clause 2.8(3)(b); or\n(c) membership is suspended under clause 2.8(1) or clause 2.8(3)(a),\nhas the right of objection to the local government which may dispose of the objection by—\n(a) dismissing the objection;\n(b) varying the decision objected to; or\n(c) revoking the decision objected to, with or without—\n(i) substituting for it another decision; or\n(ii) referring the matter, with or without directions, for another decision by the Committee.\nPART 3—FUNCTIONS OF BRIGADE OFFICERS\n3.1 Chain of command during fire fighting activities\nSubject to the Act and the local law, the command procedures to apply during fire fighting activities\nare as detailed in the local government’s Bush Fire Operating Procedures.\n3.2 Captain\n(1) Subject to subclause (2), the Captain is to preside at all meetings.\n(2) In the absence of the Captain, the meeting may elect another person to preside at the meeting.\n3.3 Secretary\n(1) The Secretary is to—\n(a) be in attendance at all meetings and keep a correct minute and account of the proceedings of\nthe bush fire brigade in a book which shall be open for inspection by brigade members at any\nreasonable time;\n(b) answer all correspondence or direct it appropriately, and keep a record of the same;\n(c) prepare and send out all necessary notices of meetings;\n(d) receive membership fees, donations and other monies on behalf of the bush fire brigade, and\nremit them to the Treasurer upon receipt;\n(e) complete and forward an incident report form in the form required by the Department to the\nChief Bush Fire Control Officer and the Department within 14 days after attendance by the\nbush fire brigade at an incident; and\n(f) maintain a register of all current brigade members which includes each brigade member’s\ncontact details and type of membership;\n(g) provide no later than 31 May in each year, a report to the Chief Bush Fire Control Officer\ndetailing the name, contact details and type of membership of each brigade member.\n(2) Where a bush fire brigade attends an incident on more than one day, the incident report form is to\nbe completed and forwarded under subclause (1)(e) within 14 days after the last day of attendance.\n3.4 Treasurer\nThe Treasurer is to—\n(a) receive donations and deposits from the Secretary, and deposit all monies to the credit of the\nbush fire brigade’s bank account;\n(b) pay accounts as authorised by the Committee;\n(c) keep a record of all monies received and payments made, maintain the accounts and prepare\nthe balance sheet for each financial year;\n(d) be the custodian of all monies of the bush fire brigade;\n(e) regularly inform the Secretary of the names of those brigade members who have paid their\nmembership fees; and\n(f) report on the financial position at meetings of the bush fire brigade or Committee.\n3.5 Equipment Officer\nThe Equipment Officer is responsible for the custody and maintenance in good order and condition of\nall protective clothing, equipment and appliances provided by the local government to the bush fire\nbrigade (or of the bush fire brigade).\n3.6 Storage of equipment\n(1) The Equipment Officer may store all of the equipment of the bush fire brigade at a place approved\nby the Captain (the station).\n(2) If there is to be more than one station in the brigade area, the Equipment Officer is to appoint in\nrespect of each station a person who is responsible for the custody and maintenance in good order and\ncondition of all equipment and appliances at the station, subject to any direction of the Equipment\nOfficer.\n\n","sortOrder":35},{"sectionNumber":"4166","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4166 GOVERNMENT GAZETTE, WA 1 August 2017\n3.7 Equipment Officer to report\nThe Equipment Officer is to provide, no later than 31 May of each year, a report to the local\ngovernment and bush fire brigade Captain describing the nature, quantity and quality of all\nprotective clothing, equipment and appliances of the bush fire brigade which are generally available\nwithin the bush fire brigade area (or at a station of the bush fire brigade).\nPART 4—COMMITTEE\n4.1 Management of bush fire brigade\n(1) Subject to the provisions of these Rules, the administration and management of the affairs of the\nbush fire brigade are vested in the Committee.\n(2) Without limiting the generality of subclause (1), the Committee is to have the following\nfunctions—\n(a) to recommend to the local government amendments to these Rules;\n(b) to draft the annual budget for the bush fire brigade and present it at the annual general\nmeeting of the bush fire brigade;\n(c) to propose a motion for consideration at any meeting of the bush fire brigade;\n(d) to recommend to the local government equipment which needs to be supplied by the local\ngovernment to the bush fire brigade;\n(e) to invest or place on deposit any of the funds of the bush fire brigade not immediately\nrequired to perform the normal brigade activities;\n(f) to delegate to a person, as from time to time thought fit, any functions (being less than the\ntotal functions of the Committee) on any conditions it thinks fit;\n(g) to do all things necessary or convenient in order to perform any of its functions and to secure\nthe performance of the normal brigade activities by the bush fire brigade; and\n(h) deal with membership applications, grievances, disputes and disciplinary matters.\n4.2 Constitution of Committee\n(1) The Committee of the bush fire brigade is to consist of the brigade officers being the Captain,\nSecretary, Treasurer, Equipment Officer and the Lieutenants of the bush fire brigade.\n(2) The brigade officers are to—\n(a) be elected at the annual general meeting of the bush fire brigade;\n(b) hold office until the next annual general meeting; and\n(c) be eligible for re-election at the next annual general meeting.\n(3) Any brigade officer may be removed from office by an absolute majority decision of the brigade\nmembers present in person or by proxy at a special meeting called for such a purpose.\n(4) The Committee may appoint a brigade member to fill a vacancy in any office arising from a\nresolution under subclause (3) or which has arisen for any other reason.\nPART 5—MEETINGS OF BUSH FIRE BRIGADE\n5.1 Ordinary meetings\n(1) Ordinary meetings may be called at any time by the Secretary by giving at least 7 days notice to\nall brigade members and to the Chief Bush Fire Control Officer, for the purpose of—\n(a) organising and checking equipment;\n(b) requisitioning new or replacement equipment;\n(c) organising field excursions, training sessions, hazard reduction programs, and the\npreparation of fire-breaks;\n(d) establishing new procedures in respect of any of the normal brigade activities; and\n(e) dealing with any general business.\n(2) In a notice given under subclause (1), the Secretary is to specify the business which is to be\n(3) Business may be conducted at an ordinary meeting of the bush fire brigade notwithstanding that\nit was not specified in a notice given under subclause (1) in relation to that meeting.\n5.2 Special meetings\n(1) The Secretary is to call a special meeting when 5 or more brigade members request one in writing.\n(2) At least 2 days notice of a special meeting is to be given by the Secretary, to all brigade members\nand to the Chief Bush Fire Control Officer.\n(3) In a notice given under subclause (2), the Secretary is to specify the business which is to be\n(4) No business is to be conducted at a special meeting beyond that specified in a notice given under\nsubclause (2) in relation to that meeting.\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4167\n5.3 Annual general meeting\n(1) At least 7 days notice of the annual general meeting is to be given by the Secretary to all brigade\nmembers and to the Chief Bush Fire Control Officer.\n(2) At the annual general meeting the bush fire brigade is to—\n(a) elect the brigade officers from among the brigade members;\n(b) consider the Captain’s report on the year’s activities;\n(c) adopt the annual financial statements;\n(d) appoint an Auditor for the ensuing financial year in accordance with clause 5.6; and\n(e) deal with any general business.\n(3) In a notice given under subclause (1), the Secretary is to specify the business which is to be\n(4) Business may be conducted at an annual general meeting notwithstanding that it was not\nspecified in a notice given under subclause (1) in relation to that meeting.\n5.4 Quorum\n(1) The quorum for a meeting of the bush fire brigade is at least 50% of the number of officers\n(whether vacant or not) of members of the bush fire brigade.\n(2) No business is to be transacted at a meeting of the bush fire brigade unless a quorum of brigade\nmembers is present in person or by proxy.\n5.5 Voting\nEach brigade member is to have one vote, however in the event of an equality of votes, the Captain (or\nperson presiding) may exercise a casting vote.\n5.6 Auditor\n(1) At the annual general meeting a person, not being a brigade member, is to be appointed as the\nAuditor of the bush fire brigade for the ensuing financial year.\n(2) The Auditor is to audit the accounts of the bush fire brigade not less than 7 days before the annual\ngeneral meeting and is to certify to their correctness or otherwise and present a report at the annual\ngeneral meeting.\nPART 6—MEETINGS OF COMMITTEE\n6.1 Meetings of Committee\n(1) The Committee is to meet for the despatch of business, adjourn and otherwise regulate its meeting\nas it thinks fit.\n(2) The Captain or Secretary may convene a meeting of the Committee at any time.\n6.2 Quorum\nNo business is to be transacted at a meeting of the Committee unless a quorum of 3 brigade officers\nare present in person.\n6.3 Voting\nEach brigade officer is to have one vote, however in the case of an equality of votes, the Captain (or\nperson presiding) may exercise a casting vote.\nPART 7—GENERAL ADMINISTRATION MATTERS\n7.1 Fees\n(1) The membership fees, if any, for each type of member for the ensuing 12 months are to be\ndetermined by the bush fire brigade at the annual general meeting.\n(2) Subject to subclause (3), a member is to pay the membership fees for her or his type of\nmembership on or before 1 May.\n(3) The bush fire brigade may exempt a brigade member or a class of membership, from the payment\nof membership fees, for such period and on such conditions as the bush fire brigade may determine.\n7.2 Funds\nThe funds of the bush fire brigade are to be used solely for the purpose of promoting the objects of the\nbush fire brigade.\n7.3 Financial year\nThe financial year of the bush fire brigade is to commence on 1 July and is to end on 30 June of the\nfollowing year.\n7.4 Banking\n(1) The brigade must have 3 Committee Members to act as signatories for the brigade accounts each\nFinancial Year.\n(2) At least 2 Committee Members must sign any brigade account cheque or bank transaction form.\n\n","sortOrder":36},{"sectionNumber":"4168","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4168 GOVERNMENT GAZETTE, WA 1 August 2017\n7.5 Disclosure of interests\n(1) A brigade member shall disclose to the bush fire brigade or Committee any financial interest\n(whether direct or indirect) he or she may have in any matter being considered by the bush fire\nbrigade or Committee, as appropriate.\n(2) If a financial interest has been disclosed under subclause (1), then the bush fire brigade or\nCommittee, as appropriate, is to decide, in the absence of the brigade member who disclosed that\ninterest, whether or not the brigade member is to be permitted to vote on that matter.\n(3) Where the bush fire brigade or Committee, as appropriate, decides under subclause (2), that a\nbrigade member is not to be permitted to vote on a matter, and the brigade member votes on the\nmatter, then her or his vote is to be taken to have no effect and is not to be counted.\n7.6 Disagreements\n(1) Any disagreement between brigade members may be referred to either the Captain or to the\nCommittee.\n(2) Where a disagreement in subclause (1) is considered by the Captain or the Committee to be of\nimportance to the interests of the bush fire brigade, then the Captain or the Committee, as the case\nmay be, is to refer the disagreement to the annual general meeting, an ordinary meeting or a special\nmeeting of the bush fire brigade.\n(3) The local government is the final authority on matters affecting the bush fire brigade, and may\nresolve any disagreement which is not resolved under subclause (1) or (2).\nPART 8—NOTICES AND PROXIES\n8.1 Notices\n(1) Notices of meetings of the bush fire brigade are to be in writing and sent by ordinary post or by\nelectronic communication to the registered address of each brigade member.\n(2) Notices of meetings of the Committee may be given in writing in accordance with subclause (1) or\nby such other means as the Committee may decide (by an absolute majority) at a meeting of the\nCommittee.\n(3) Any accidental omission to give notice of a meeting to, or non-receipt by a person entitled to\nreceive such notice, is not to invalidate the meeting the subject of the notice or any resolutions passed\nat the meeting.\n(4) Where any notice other than a notice of meeting is to be given under these Rules, the notice is to\nbe—\n(a) in writing;\n(b) unless otherwise specified, given to or by the Secretary;\n(c) given by—\n(i) personal delivery;\n(ii) post; or\n(iii) an electronic communication;\n(d) taken to have been received, as the case may be—\n(i) at the time of personal delivery;\n(ii) 2 business days after posting;\n(iii) on the printing of the sender’s transmission report; or\n(iv) at the time when the electronic communication becomes capable of being retrieved by\nthe addressee.\n8.2 Proxies\n(1) Where under these Rules a brigade member may vote by proxy, in order for the proxy to so vote,\nthe brigade member or the proxy shall give a notice in the form of that appearing in this clause, to the\nSecretary or the person presiding at the meeting before the start of the meeting at which the proxy is\nto be used.\n(2) A proxy is to be valid for the meeting for which it is given and for any adjournments of that\nmeeting.\n(3) A proxy shall be valid for the number of votes to which the brigade member is entitled.\n(4) If the donor of the proxy does not give any indication of the manner in which the proxy is to vote,\nthe proxy shall be entitled to vote or not vote as he or she thinks fit.\n(5) A proxy shall be entitled to speak on behalf of the donor of the proxy.\n(6) All forms appointing proxies deposited under subclause (1) are to be retained by the Secretary for\nnot less than 28 days after the conclusion of the meeting to which they relate but if there is any\nobjection to the validity of any vote at the meeting, they are to be retained until the determination of\nthat objection.\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4169\n(7) The form appointing a proxy shall be in writing and signed by the brigade member appointing the\nproxy and shall be in or substantially in the form set out below—\nFORM 1\nPROXY VOTE\nSHIRE OF NORTHAMPTON BUSH FIRE BRIGADE\n[ANNUAL] [EXTRAORDINARY] GENERAL MEETING\nTO BE HELD ON [DATE]\nI, ....................................................... ,\nBeing a brigade member appoint ....................................... to be my proxy and vote on my behalf at\nthe meeting of the bush fire brigade to be held on [insert date] and at any adjournment of it. The\nproxy shall vote as follows—\nMOTION FOR AGAINST ABSTAIN\n1. . . . . . . . . . . . . . . . . . . . . . . . .\n2. . . . . . . . . . . . . . . . . . . . . . . . .\nIf there is no instruction to the proxy as to the way to vote, the proxy shall exercise her or his\ndiscretion as to how to vote or whether to vote at all. In respect of any vote taken at the meeting\non a matter which does not appear on the agenda, the proxy shall exercise her or his discretion as\nto the way he or she casts the vote or whether it is cast at all.\nDate: ...............................................\nSigned: ............................................\nNOTE: To be valid this proxy must be completed and returned to the Secretary of the bush fire\nbrigade (or the presiding member) prior to the commencement of the meeting for which the proxy\nis valid.\nDated this day of 20 .\n————\nAPPENDIX I\nAPPLICATION FOR MEMBERSHIP—FIRE FIGHTING MEMBER\nI make application to be a fire fighting member of the .............................................. Bush Fire Brigade.\nApplicant’s Name ...........................................................................................................................................\nMy private address is ....................................................................................................................................\n........................................................................................................................................................................\nMy business address is ..................................................................................................................................\n........................................................................................................................................................................\nUsual Occupation ...........................................................................................................................................\nTelephone No: (Home) ................................. (Work) .................................... Mobile ....................................\nFax No: (Home)............................................ (Work) ...............................................\nCB Radio .................................... Channel .................................... Call Sign\nIf needed, I can provide my own transport to the scene of any outbreak. (This line to be struck out if\nnot applicable)\nI hold a current driver’s licence No .......................................... Classes ..........................................\nI declare that I am at least 16 years of age and in good health with no known medical conditions\nwhich might limit my capacity to fight fires.\n(2) to be governed by the provisions of the Bush Fires Act 1954 and the Regulations made under\nthat Act, and the local law and policies of the Shire of Northampton relevant to fire control\nand bush fire brigades;\n(3) to use my best endeavours to give assistance in fire fighting measures when called upon and\non such occasions to obey all orders and instructions issued by duly authorised officers of the\nbush fire brigade or the local government;\nDate ............................................................. Applicant’s signature.................................................\n\n","sortOrder":37},{"sectionNumber":"4170","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4170 GOVERNMENT GAZETTE, WA 1 August 2017\nPlease list here any fire fighting equipment owned by you.\n1. ......................................................................................................................................................\n2. ......................................................................................................................................................\n3. ......................................................................................................................................................\n4. ......................................................................................................................................................\n————\nAPPENDIX II\nAPPLICATION FOR MEMBERSHIP—ASSOCIATE MEMBER\nI make application to be an associate member of the ..............................………………Bush Fire Brigade.\n(a) I am prepared to offer to transport fire fighting members and/or equipment to the scene of\nany outbreak when called upon. I have a motor vehicle of the following type ………………..\navailable for such purpose.\nMDL No: .......................................................... Classes: ..........................................................\n(b) I am prepared to offer my services in the following capacity—\n..........................................................................................................................................................\n..........................................................................................................................................................\n(paragraph (a) or (b) above may be struck out if not applicable)\nApplicant’s Name ..........................................................................................................................................\nMy private address is ....................................................................................................................................\n.......................................................................................................................................................................\nMy business address is .................................................................................................................................\n.......................................................................................................................................................................\nTelephone No: (Home) ................................. (Work) .................................... Mobile ...................................\nFax No: (Home) ............................................ (Work) ...............................................\nCB Radio ..................................... Channel .................................... Call Sign\n(2) to be governed by the provisions of the Bush Fires Act 1954 and any Regulations made under\nthe Act and the local law and policies of the Shire of Northampton relevant to fire control and\nbush fire brigades;\n(3) to use my best endeavours to assist in normal bush fire brigade activities as an associate\nmember when called upon;\nDate ............................................................. Applicant’s signature ................................................\n————\nAPPENDIX III\nAPPLICATION FOR MEMBERSHIP—CADET MEMBER\nI make application to be a cadet member of the ........................................................... Bush Fire Brigade.\nApplicant’s Name ..........................................................................................................................................\nMy private address is ....................................................................................................................................\n.......................................................................................................................................................................\nTelephone No: (Home) ................................. (Work) ...............................................\nFax No: (Home) .......................................................\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4171\nCB Radio .................................... Channel .................................... Call Sign\nI declare that I am ..................... years of age and in good health.\nDate of Birth: .............................\n(2) to be governed by the provisions of the Bush Fires Act 1954 and the Regulations made under\nthat Act, and the local law and policies of the Shire of Northampton relevant to the activities\nof cadet members;\n(3) to obey all orders and instructions issued by duly authorised officers of the bush fire brigade\nor the local government;\nDate ............................................................. Applicant’s signature.................................................\nParent / Guardian Consent—\nI being the parent/guardian of the above applicant, consent to him/her being a cadet member of\nthe Bush Fire Brigade, in accordance with the rules applicable to cadet membership.\n————\nDated 16 June 2017.\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4173\nCEMETERIES ACT 1986\n1.3 Commencement\nPART 2—ADMINISTRATION\n2.1 Powers and functions of CEO\nPART 3—APPLICATION FOR FUNERALS\n3.1 Application for burial\n3.2 Applications to be accompanied by certificates etc\n3.3 Certificate of identification\n3.4 Minimum notice required\nPART 4—FUNERAL DIRECTORS\n4.1 Funeral director’s licence expiry\n4.2 Single funeral permits\n4.3 Application refusal\nPART 5—FUNERALS\n5.1 Requirements for funerals and coffins\n5.2 Funeral processions\n5.3 Vehicle entry restricted\n5.4 Vehicle access and speed limitations\n5.5 Offenders may be ordered to leave\n5.6 Conduct of funeral by Board\nDivision 2—Placement of ashes\n5.7 Disposal of ashes\nPART 6—BURIALS\n6.1 Depth of graves\n6.2 Mausoleum, etc\nPART 7—MEMORIALS AND OTHER WORK\n7.1 Application for monumental work\n7.2 Placement of monumental work\n7.3 Removal of rubbish\n7.4 Operation of work\n7.5 Removal of sand, soil or loam\n\n","sortOrder":38},{"sectionNumber":"4174","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4174 GOVERNMENT GAZETTE, WA 1 August 2017\n7.6 Hours of work\n7.7 Unfinished work\n7.8 Use of wood\n7.9 Plants and trees\n7.10 Supervision\n7.11 Australian War Graves\n7.12 Placing of glass domes and vases\nDivision 2—Lawn Section\n7.13 Specification of monuments\n7.14 Headstones\nDivision 3—Memorial plaque section\n7.15 Requirements of a memorial plaque\nDivision 4—Licensing of monumental masons\n7.16 Monumental mason’s licence\n7.17 Expiry date, non-transferability\n7.18 Carrying out monumental work\n7.19 Responsibilities of the holder of a monumental mason’s licence\n7.20 Cancellation of a monumental mason’s licence\nPART 8—GENERAL\n8.1 Animals\n8.2 Damaging and removing of objects\n8.3 Withered flowers\n8.4 Littering and vandalism\n8.5 Advertising\n8.6 Obeying signs and directions\n8.7 Removal from the cemetery\nPART 9—OFFENCES AND MODIFIED PENALTY\n9.1 General\n9.2 Modified penalties\nSCHEDULE 1—MODIFIED PENALTIES\nSCHEDULE 2—INFRINGEMENT NOTICE\nSCHEDULE 3—INFRINGEMENT WITHDRAWAL NOTICE\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4175\nCEMETERIES ACT 1986\nUnder the powers conferred by the Cemeteries Act 1986 and the Local Government Act 1995 and\nunder all other powers enabling it, the Council of the Shire of Northampton resolved on 16 June 2017\nto adopt the following local law.\nThis local law may be cited as the Shire of Northampton Cemeteries Local Law 2017.\nThis local law applies to the Kalbarri (Reserve 36021) and Northampton (Reserve 9637) Cemeteries\nlocated in the district.\n1.3 Commencement\nThe Shire of Northampton Local Laws Relating to Kalbarri and Northampton Cemeteries\n(Reserves 36021 and 9637) as published in the Government Gazette on 16 October 1997 is repealed.\nIn this local law, unless the context otherwise requires—\nAct means the Cemeteries Act 1986;\nashes means so much of the remains of a dead body after the due processes of cremation as may\nbe contained in a standard sized cremation urn;\nauthorised officer means an employee of the Board authorised by the Board for the purposes of\nperforming any function or exercising any power conferred upon an authorised officer by this\nBoard means the local government;\nCEO means the chief executive officer, for the time being, of the Board;\ncoffin means a coffin or other receptacle used for the transportation of a dead body to the grave\nsite, or the receptacle used for the burial of a dead body in a grave;\ncrypt has the same meaning as vault;\nfuneral director means a person holding current funeral director’s licence;\nmausoleum means a building or construction wholly above or partially above and below ground\nlevel, so constructed as to allow the deposition of dead bodies into a compartment in the wall\nor floor and being sealed from view;\nmemorial includes headstone, plaque, tombstone, monumental work, inscription, kerbing,\nenclosure and any other fixture or thing commemorating a grave or placement of ashes;\nmonument means a sculpture, statue, headstone, plaque, grave boundary marker, fence or cover,\napproved by the Board, commemorating a grave or placement of ashes;\nmonumental mason’s licence means a licence issued under clause 7.16;\nmonumental work when the term is used as an abstract noun shall include the erection,\nalteration or removal of or other working upon a monument on a grave;\n\n","sortOrder":39},{"sectionNumber":"4176","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4176 GOVERNMENT GAZETTE, WA 1 August 2017\nnuisance means—\n(b) an unreasonable interference with the use and enjoyment of a person of his or her\nownership or occupation of land; or\npersonal representative means—\n(a) The administrator or executor of an estate of a deceased person;\n(b) The person who, by law of practice, has the right to apply for administration of the\nestate of the deceased person; or\n(c) A person having lawful custody of a dead body;\nset fee refers to fees and charges set by a resolution of the Board and published in the\nGovernment Gazette, under section 53 of the Act;\nsingle funeral permit means a permit issued by the Board under section 20 or 21 of the Act\nwhich entitles the holder to conduct at the cemetery a funeral of a person named in the\npermit; and\nvault means a below ground lined grave with one or more sealed compartments constructed to\nspecifications approved from time to time by the Board.\nvehicle has the same meaning as is given to that word in the Road Traffic (Administration)\nAct 2008 (as amended from time to time), and includes trail bikes, beach buggies and other\nrecreational vehicles licenced or unlicensed, but excludes a wheelchair being used by a\nphysically impaired person.\nPART 2—ADMINISTRATION\n2.1 Powers and functions of CEO\nSubject to any directions given by the Board, the CEO shall exercise all the powers and functions of\nthe Board in respect of the cemetery.\nPART 3—APPLICATION FOR FUNERALS\n3.1 Application for burial\n(1) A person may apply for approval to bury a dead body in the cemetery in the form determined by\nthe Board from time to time.\n(2) An application under subclause (1) is to be accompanied by the set fee.\n3.2 Applications to be accompanied by certificates etc\nAll applications referred to in clauses 3.1 shall be accompanied by either a medical certificate of death\nor a Coroner’s order of burial, and a certificate issued under clause 3.3, in respect of the body.\n3.3 Certificate of identification\n(1) After a dead body is placed in a coffin and prior to a dead body being removed to the cemetery, a\nperson who personally knew the deceased shall identify the dead body and shall complete a certificate\nof identification in the form determined by the Board from time to time, unless—\n(a) in the opinion of a funeral director, the dead body is not in a fit state to be viewed; or\n(b) after reasonable effort the funeral director is unable to arrange for a person to identify the\ndead body.\n(2) A funeral director shall complete a certificate in the form determined by the Board from time to\ntime, where—\n(a) in the opinion of the funeral director, the dead body is not in a fit state to be viewed; or\n(b) after reasonable effort the funeral director is unable to arrange for a person to identify the\ndead body.\n3.4 Minimum notice required\nAll bookings to hold a funeral shall be made with the Board at least 48 hours prior to the time\nproposed for burial on the application, otherwise an extra charge may be made.\nPART 4—FUNERAL DIRECTORS\n4.1 Funeral director’s licence expiry\nA funeral director’s licence shall expire on 30 June of each year.\n4.2 Single funeral permits\nEvery application for a single funeral permit made under section 20 or 21 of the Act shall include\ncoffin specifications and details of the vehicle transporting the dead body to the gravesite.\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4177\n4.3 Application refusal\nThe Board may refuse an application for a single funeral permit if, in the opinion of the Board, either\nthe coffin specifications or the details of the vehicle transporting the dead body to the gravesite are\nnot structurally sound or are otherwise inadequate or inappropriate, or on any other grounds.\nPART 5—FUNERALS\n5.1 Requirements for funerals and coffins\n(1) A person shall not bring a dead body into the cemetery unless—\n(a) the Board has approved an application for the burial of that dead body in accordance with\nPart 3 of this local law;\n(b) it is enclosed in a coffin which in the opinion of the Board is structurally sound and bears the\nname of the deceased person indelibly inscribed in legible characters on a plate on the coffin’s\nlid; and\n(c) under the plate referred to in paragraph (b) there is a substantive lead strip bearing the\nsurname of the deceased person stamped in legible characters, each character being not less\nthan 10 mm in height.\n5.2 Funeral processions\nThe time fixed by the Board for any burial shall be the time at which the funeral procession is to\narrive at the cemetery gates, and, if not punctually observed, then the applicant who applied to hold\nthe funeral under clause 3.1 shall pay the set fee for being late.\n5.3 Vehicle entry restricted\n(1) Subject to clause 5.3(2), every funeral procession shall enter by the principal entrance, and no\nvehicle except the hearse, and official mourning coaches, shall be permitted to enter the cemetery\nunless prior approval is granted by the CEO or an authorised officer.\n(2) This clause shall not apply to persons using wheelchairs or motorised wheelchairs.\n5.4 Vehicle access and speed limitation\n(1) A person shall drive a vehicle on a vehicular access way or the constructed roadway or other areas\ndesignated for the use of vehicles within the cemetery, unless otherwise authorised by the CEO.\n(2) A person driving a vehicle, within a cemetery, shall not exceed the speed limit of 25 km per hour,\nand shall comply with the signs and directions in the cemetery.\n5.5 Offenders may be ordered to leave\n(1) A person committing an offence under clause 5.4 may be ordered to leave the cemetery by the CEO\nor an authorised officer.\n(2) A person who has been ordered to leave the cemetery by the CEO or an authorised officer is to\nleave immediately in a peaceful manner and not cause a disruption or be a nuisance to the funeral\ncongregation or ceremony or procession.\n5.6 Conduct of funeral by Board\nWhen conducting a funeral under section 22 of the Act the Board may—\n(a) require a written request for it to conduct a funeral to be lodged with it;\n(b) in its absolute discretion, charge any person requesting it to conduct a funeral the set fee for\nthe conduct of that funeral by it;\n(c) where no fee or a reduced fee has been charged by it for the conduct of the funeral, determine\nthe manner in which the funeral shall be conducted;\n(d) specify an area in the cemetery where the dead body is to be buried;\n(e) conduct the funeral notwithstanding the failure of a person to make any application or to\nobtain any consent required under this local law;\n(f) do or require anything which it considers is necessary or convenient for the conduct of a\nfuneral by it.\nDivision 2—Placement of ashes\n5.7 Disposal of ashes\n(1) The personal representative of a deceased person whose body has been cremated may apply, in an\napplication under clause 3.1 or otherwise, for permission to dispose of the ashes in the cemetery and\nupon payment of the set fee, the Board may grant permission for the ashes to be disposed of by one of\nthe following methods—\n(a) Niche wall\n(b) Memorial wall\n(c) Garden of remembrance\n(d) Ground niche\n(e) Memorial rose, tree or shrub\n(f) Family shrub\n\n","sortOrder":40},{"sectionNumber":"4178","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4178 GOVERNMENT GAZETTE, WA 1 August 2017\n(g) Memorial desk\n(h) Granite seat\n(i) Family grave\n(j) Book of remembrance\n(k) Scattering to the winds\n(l) Memorial gardens\n(m) Other memorials approved by the Board\n(2) Subject to subclauses (3) and (4), a person shall not place the ashes of a deceased person in the\ncemetery.\n(3) An authorised officer may place the ashes of a deceased person in a cemetery in accordance with\nthe Board approval provided—\n(a) the person requesting the placement of the ashes has the permission of the Board; and\n(b) the ashes are placed within an area set aside for that purpose by the Board.\n(4) An authorised officer may place the ashes of a deceased person within a grave in accordance with\nthe Board approval, provided the person requesting the placement of the ashes has the written\npermission of the Board and the approval of the holder of the right of burial of the grave.\nPART 6—BURIALS\n6.1 Depth of graves\n(1) A person shall bury a coffin within the cemetery so that the distance between the top of the coffin\nand the original surface of the ground is—\n(a) subject to paragraph (b), less than 750 mm, unless that person has the permission of an\nauthorised officer; or\n(b) in any circumstances less than 600 mm.\n(2) The permission of the authorised officer in subclause (1)(a) will only be granted where, in the\nopinion of the authorised officer, exceptional circumstances require granting of that permission.\n6.2 Mausoleum, etc\n(1) A person other than the Board shall not construct a brick grave, crypt, vault or mausoleum within\nthe cemetery.\n(2) A person may request the Board to construct a vault or mausoleum within the cemetery which\nvault or mausoleum shall at all times remain the property of the Board.\n(3) An application under subclause (2) shall be in writing and shall be accompanied by payment of the\nset fee.\n(4) A person shall not place a dead body in a mausoleum except—\n(a) in a closed coffin; and\n(b) in a soundly constructed chamber; and\n(c) in accordance with subclause (5).\n(5) The number of burials in a chamber must not exceed the number for which the chamber was\ndesigned.\nPART 7—MEMORIALS AND OTHER WORK\n7.1 Application for monumental work\nA Board may require the written consent of the holder of the right of burial of the grave to accompany\nan application under section 30 of the Act.\n7.2 Placement of monumental work\nEvery memorial shall be placed on proper and substantial foundations.\n7.3 Removal of rubbish\nAll refuse, rubbish or surplus material remaining after memorial works are completed under a permit\nissued under section 30 of the Act shall be immediately removed from the cemetery by the person\ncarrying out the same.\n7.4 Operation of work\nAll material required in the erection and completion of any work shall, as far as possible, be prepared\nbefore being taken to the cemetery, and all materials required by tradesmen shall be admitted at such\nentrance as the CEO or an authorised officer shall direct.\n7.5 Removal of sand, soil or loam\nNo sand, earth or other material shall be taken from any part of the cemetery for use in the erection\nof any memorial or work except with the written approval of the Board.\n7.6 Hours of work\nPersons shall not be permitted to carry out memorial or other work on graves within the cemetery\nother than during the hours of 8.00am and 6.00pm on weekdays, and 8.00am and noon on Saturdays,\nwithout the written permission of the Board.\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4179\n7.7 Unfinished work\nShould any work by masons or others be not completed before 6 p.m. on weekdays and noon on\nSaturdays, they shall be required to leave the work in a neat and safe condition to the satisfaction of\nthe CEO or an authorised officer.\n7.8 Use of wood\nNo wooden fence, railing, cross or other wooden erection shall be allowed on or around any grave,\nother than as a temporary marker and with the prior approval of the Board.\n7.9 Plants and Trees\nNo trees or shrubs shall be planted on any grave or within the cemetery except such as shall be\napproved by the CEO.\n7.10 Supervision\nAll workers, whether employed by the Board or by any other person, shall at all times whilst within\nthe boundaries of the cemetery be subject to the supervision of the CEO or an authorised officer and\nshall obey such directions as the CEO or an authorised officer may give.\n7.11 Australian War Graves\nNotwithstanding anything in this local law to the contrary, the Office of Australian War Graves—\n(a) may place a memorial on a military grave; and\n(b) is not required to pay the set fee for any memorial that is placed upon a military grave.\n7.12 Placing of glass domes and vases\nA person shall not place glass domes, vases or other grave ornaments—\n(a) outside the perimeter of a grave in the cemetery as defined in the plans kept and maintained\nunder section 40(2) of the Act; or\n(b) on the lawn in an area set aside by the Board as a lawn or a memorial plaque section.\nDivision 2—Lawn section\n7.13 Specification of monuments\n(1) All monuments in the lawn section of a cemetery shall—\n(a) be made of natural stone;\n(b) be placed upon a base of natural stone;\n(c) comply with the following specifications—\n(i) the overall height of the monument above the original surface of the grave shall not\nexceed 1.05 m;\n(ii) the height of the base of the monument above the original surface of the grave shall not\nbe less than 150 mm nor more than 450 mm;\n(iii) the width of the base of the monument shall not exceed 1.20 m;\n(iv) the depth of the base of the monument shall not exceed 300 mm; and\n(d) have foundations extending to the bottom of the grave unless concrete beam foundations are\nprovided by the Board.\n(2) An admiralty bronze memorial plaque may be attached to a monument erected or being erected in\nthe lawn section of the cemetery.\n(3) A person shall not display any trade names or marks upon any monument erected within the lawn\nsection of the cemetery.\n7.14 Headstones\nIn the lawn section of the cemetery, that part of a headstone above its base shall not extend\nhorizontally beyond that base.\nDivision 3—Memorial plaque section\n7.15 Requirements of a memorial plaque\n(1) All memorial plaques placed in a memorial plaque section of the cemetery shall—\n(a) be made of admiralty bronze or any other material approved by the Board; and\n(b) not be less than the dimensions 143 mm x 117 mm, nor more than 560 mm x 305 mm.\n(2) All memorial plaques made of admiralty bronze shall—\n(a) not exceed 20 mm in thickness; and\n(b) be placed upon a base mounting approved by the Board.\n(3) All memorial plaques made of stone shall—\n(a) not exceed 50 mm in thickness placed upon a base mounting approved by the Board; or\n(b) not be less than 100 mm in thickness if it is not to be placed upon a base mounting.\n\n","sortOrder":41},{"sectionNumber":"4180","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4180 GOVERNMENT GAZETTE, WA 1 August 2017\nDivision 4—Licensing of Monumental Masons\n7.16 Monumental mason’s licence\n(1) The Board may upon receipt of an application in writing by any person and upon payment of the\nset fee issue to the applicant a monumental mason’s licence.\n(2) A licence issued under subclause (1) authorises the holder to carry out monumental works within\nthe cemetery subject to the provisions of this local law and such conditions as the Board shall specify\nupon the issue of that licence.\n7.17 Expiry date, non-transferability\nA monumental mason’s licence—\n(a) shall be valid from the date specified therein until 30 June next following; and\n(b) is not transferable.\n7.18 Carrying out monumental work\nA person shall not carry out monumental work within the cemetery unless that person—\n(a) is the holder of a current monumental mason’s licence issued pursuant to clause 7.16; or\n(b) is an employee of a person who holds such a licence; or\n(c) is authorised by the Board to do so.\n7.19 Responsibilities of the holder of a monumental mason’s licence\nThe holder of a monumental mason’s licence shall be responsible for the compliance by every person\npurporting to be authorised to carry out monumental works within the cemetery pursuant to that\nlicence with all the requirements and conditions of the licence, this local law, the Act and any other\nwritten law which may affect the carrying out of monumental works.\n7.20 Cancellation of a monumental mason’s licence\n(1) The Board may by notice in writing to the holder of a monumental mason’s license terminate the\nlicense on any of the following grounds—\n(a) that the holder of the license has committed a breach of the requirements and conditions of\nthe license, this local law, the Act or any other written law which may affect the carrying out\nof monumental works;\n(b) that, in the opinion of the Board, the conduct of the holder of the license or any person in the\nemploy of that holder in carrying out or attempting to carry out any works within the\ncemetery, is inappropriate or unbecoming; or\n(c) that the holder of the license has purported to transfer the license issued to that holder.\n(2) Upon the termination of a monumental mason’s license under this clause no part of any fee paid\nfor the issue of that license is refundable by the Board.\nPART 8—GENERAL\n8.1 Animals\nA person shall not bring an animal into or permit an animal to enter or remain in the cemetery, other\nthan an assistance animal as defined in section 9(2) of the Disability Discrimination Act 1992 (Cth)\nor with the approval of the CEO or an authorised officer.\n8.2 Damaging and removing of objects\nSubject to clause 8.4, a person shall not damage, remove or pick any tree, plant, shrub or flower in the\ncemetery or any other object or thing on any grave or memorial or which is the property of the Board\nwithout the permission of the Board.\n8.3 Withered flowers\nA person may remove withered flowers from a grave or memorial and these are to be placed in a\nreceptacle provided by the Board for that purpose.\n8.4 Littering and vandalism\nA person shall not—\n(a) break or cause to be broken any glass, ceramic or other material in or upon the cemetery;\n(b) discard, deposit, leave or cause to be discarded, deposited or left any refuse or litter in or upon\nthe cemetery other than in a receptacle provided for that purpose.\n8.5 Advertising\n(1) A person shall not advertise or carry on any trade, business or profession within the cemetery\nwithout the prior written approval of the Board.\n(2) The Board may consider and grant approval subject to such conditions as the Board thinks fit.\n8.6 Obeying signs and directions\nA person shall obey all signs displayed, marked, placed or erected by the Board within the cemetery\nand any other lawful direction by the CEO or an authorised officer.\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4181\n8.7 Removal from the cemetery\nAny person failing to comply with any provisions of this local law or behaving in a manner that in the\nopinion of the Board, the CEO or an authorised officer is inappropriate in the cemetery may in\naddition to any penalty provided by this local law be ordered to leave the cemetery by the Board, the\nCEO or an authorised officer.\nPART 9—OFFENCES AND MODIFIED PENALTIES\n9.1 General\nA person who commits a breach of any provisions of this local law commits an offence and shall on\nconviction be liable to a penalty not exceeding $500.00 and if the offence is a continuing one to a\nfurther penalty not exceeding $20.00 for every day or part of a day during which the offence has\ncontinued.\n9.2 Modified penalties\n(1) The offences specified in Schedule 1 are offences which may be dealt with under section 63 of the\nAct.\n(2) The modified penalty payable in respect of an offence specified in Schedule 1 is set out in the\nfourth column of Schedule 1.\n(3) The prescribed form of the infringement notice referred to in section 63(1) of the Act is set out in\nSchedule 2.\n(4) The prescribed form of the notice withdrawing an infringement notice referred to in section 63(3)\nof the Act is set out in Schedule 3.\n————\nMODIFIED PENALTIES\n[cl. 9.2]\nOFFENCES AND MODIFIED PENALTIES\nItem\nNo. Clause Nature of offence\npenalty\n$\n1 5.4(1) Not driving vehicle on vehicular access way or constructed\nroadways or within designated areas 50\n2 5.4(2) Exceeding speed limit 50\n3 7.3 Not removing rubbish and surplus materials 50\n4 7.5 Unauthorised use of sand, earth or other material taken from\nanother part of the cemetery 50\n5 7.7 Leaving uncompleted works in an untidy or unsafe condition 50\n6 8.1 Unauthorised bringing in of animal into cemetery or permitting\nanimal to remain in cemetery 50\n7 8.2 Damaging and removing of objects 50\n8 8.4 Littering and vandalism 50\n9 8.5 Unauthorised advertising and/or trading 50\n10 8.6 Disobeying sign or lawful direction 50\n————\nINFRINGEMENT NOTICE\n[cl. 9.2(3)]\nINFRINGEMENT NOTICE\nTo: ..................................................................................................................................................................\n(Name)\n........................................................................................................................................................................\n(Address)\n........................................................................................................................................................................\nIt is alleged that at .......... : .......... hours on ............ day of ..................................................... 20..............\n\n","sortOrder":42},{"sectionNumber":"4182","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4182 GOVERNMENT GAZETTE, WA 1 August 2017\nat ...................................................................................................................................................................\nyou committed the offence indicated below by an (x) in breach of clause ................ of the Shire of\nNorthampton Cemeteries Local Law 2017.\n....................................................................\n(Authorised Person)\nOffence\n Not driving vehicle on vehicular access way or designated areas\n Exceeding speed limit\n Not removing rubbish and surplus materials\n Unauthorised use of materials taken from another part of the cemetery\n Leaving uncompleted works in an untidy or unsafe condition\n Unauthorised animal in cemetery\n Damaging and removing of objects\n Littering and vandalism\n Unauthorised advertising and/or trading\n Disobeying sign or lawful direction\n Other Offence: ............................................................................................................. $...........................\nYou may dispose of this matter by payment of the penalty as shown within 21 days of the date of this\nnotice (or the date of the giving of this notice if that is a different date) to the Chief Executive Officer\nof the Shire of Northampton at Hampton Road, Northampton WA 6535 between the hours of 9 a.m. to\n4.30 p.m., Monday to Friday.\nPlease make cheques payable to Shire of Northampton. Payments by mail should be addressed to—\nThe Chief Executive Officer\nPO Box 61\nNORTHAMPTON WA 6535\nIf the penalty is not paid within the time specified, then a complaint of the alleged offence may be\nmade and heard and determined by a court.\n————\nINFRINGEMENT WITHDRAWAL NOTICE\n[cl. 9.2(4)]\nWITHDRAWAL OF INFRINGEMENT NOTICE\nNo. ................... Date ............./ ............./ ...............\nTo: [1] .............................................................................................................................................................\nInfringement Notice No. .............. dated .........../ .........../ ............. for the alleged offence of [2] ................\n.......................................................................................................................................................................\nPenalty [3] $.................... is withdrawn.\n(Delete whichever does not apply)\n* No further action will be taken.\n* It is proposed to institute court proceedings for the alleged offence.\n....................................................................\n(Authorised Person)\n[1] Insert name and address of alleged offender.\n[2] Insert short particulars of offence alleged.\n[3] Insert amount of penalty prescribed.\n————\nDated: 16 June 2017.\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4183\nDOG ACT 1976\nPART 2—IMPOUNDING OF DOGS\n2.1 Charges and costs\n2.2 Attendance of pound keeper at pound\n2.3 Release of impounded dog\nPART 3—REQUIREMENTS AND LIMITATIONS ON THE KEEPING OF DOGS\n3.1 Dogs to be confined\n3.2 Limitation on the number of dogs\nPART 4—APPROVED KENNEL ESTABLISHMENTS\n4.1 Interpretation\n4.2 Application for licence for approved kennel establishment\n4.3 Notice of proposed use\n4.4 Exemption from notice requirements\n4.5 When application can be determined\n4.6 Determination of application\n4.7 Where application cannot be approved\n4.8 Conditions of approval\n4.9 Fees\n4.10 Form of licence\n4.11 Period of licence\n4.12 Variation or cancellation of licence\n4.13 Transfer\n4.14 Notification\n4.15 Inspection of kennel\nPART 5—OFFENCES\n5.1 Offence to excrete\nPART 6—ENFORCEMENT\n6.3 Issue of infringement notice\n6.4 Failure to pay modified penalty\n6.5 Payment of modified penalty\n6.6 Withdrawal of infringement notice\n6.7 Service\n\n4184 GOVERNMENT GAZETTE, WA 1 August 2017\nSCHEDULE 1—APPLICATION FOR A LICENCE FOR AN APPROVED KENNEL\nESTABLISHMENT\nSCHEDULE 2—CONDITIONS OF A LICENCE FOR AN APPROVED KENNEL\nESTABLISHMENT\nSCHEDULE 3—OFFENCES IN RESPECT OF WHICH MODIFIED PENALTY APPLIES\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4185\nDOG ACT 1976\nUnder the powers conferred by the Dog Act 1976, the Local Government Act 1995 and under all other\npowers enabling it, the Council of the Shire of Northampton resolved on 16 June 2017 to make the\nfollowing local law.\nThis local law may be cited as the Shire of Northampton Dogs Local Law 2017.\nThe Shire of Northampton Local Law Relating to Dogs as published in the Government Gazette on 29\nOctober 2004 is repealed.\nAct means the Dog Act 1976;\nauthorised person means a person who is appointed under section 29 of the Act;\ndangerous dog has the meaning given under the Act;\nfit and proper person—means a person who has been deemed to be not fit to care for animals\nby a reputable body such as the RSPCA, or a person who is deemed by an authorised officer,\nnot to have the ability or adequate support to undertake obligations of the license;\nnuisance means—\n(b) an unreasonable interference with the use and enjoyment of a person of his or her\nownership or occupation of land; or\nowner has the meaning given to it under section 3 of the Act;\npound keeper means a person authorised by the local government to perform all or any of the\nfunctions conferred on a “pound keeper” under this local law;\npremises has the meaning given under the Act;\nRegulations means the Dog Regulations 2013;\nSchedule means a schedule in this local law;\nthoroughfare has the meaning given to it in section 1.4 of the Local Government Act 1995;\ntown planning scheme means a town planning scheme made by the local government under the\nPlanning and Development Act 2005 which applies throughout the whole or a part of the\ndistrict; and\n\n","sortOrder":43},{"sectionNumber":"4186","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4186 GOVERNMENT GAZETTE, WA 1 August 2017\ntownsite means the townsites of Northampton, Kalbarri, Horrocks, Gregory, Binnu, Isseka and\nAjana which are—\n(a) constituted under section 26(2) of the Land Administration Act 1997; or\n(b) referred to in clause 37 of Schedule 9.3 of the Local Government Act 1995.\nPART 2—IMPOUNDING OF DOGS\n2.1 Charges and costs\nThe following are to be imposed and determined by the local government under sections 6.16 to 6.19\nof the Local Government Act 1995—\n(a) the charges to be levied under section 29(4) of the Act relating to the seizure and impounding\nof a dog;\n(b) the additional fee payable under section 29(4) of the Act where a dog is released at a time or\non a day other than those determined under clause 2.2; and\n(c) the costs of the destruction and the disposal of a dog referred to in section 29(15) of the Act.\n2.2 Attendance of pound keeper at pound\nThe pound keeper is to be in attendance at the pound for the release of dogs at the times and on the\ndays of the week as are determined by the CEO.\n2.3 Release of impounded dog\n(1) A claim for the release of a dog seized and impounded is to be made to the pound keeper or in the\nabsence of the pound keeper, to the CEO.\n(2) The pound keeper is not to release a dog seized and impounded to any person unless that person\nhas produced, to the satisfaction of the pound keeper, satisfactory evidence—\n(a) of her or his ownership of the dog or of her or his authority to take delivery of it; or\n(b) that he or she is the person identified as the owner on a microchip implanted in the dog.\nPART 3—REQUIREMENTS AND LIMITATIONS ON THE KEEPING OF DOGS\n3.1 Dogs to be confined\n(1) An occupier of premises on which a dog is kept must—\n(a) cause a portion of the premises on which the dog is kept to be fenced in a manner capable of\nconfining the dog;\n(b) ensure the fence used to confine the dog and every gate or door in the fence is of a type, height\nand construction which having regard to the breed, age, size and physical condition of the dog\nis capable of preventing the dog at all times from passing over, under or through it;\n(c) ensure that every gate or door in the fence is kept closed at all times when the dog is on the\npremises (unless the gate is temporarily opened in a manner that ensures that the dog\nremains confined) and is fitted with a proper latch or other means of fastening it;\n(d) maintain the fence and all gates and doors in the fence in good order and condition; and\n(e) where no part of the premises consists of open space, yard or garden or there is no open space\nor garden or yard of which the occupier has exclusive use or occupation, ensure that other\nmeans exist on the premises (other than the tethering of the dog) for effectively confining the\ndog within the premises.\n(2) Where an occupier fails to comply with subclause (1), he or she commits an offence.\n(3) Notwithstanding subclause (1) and (2), the confinement of dangerous dogs is dealt with in the Act\nand the Regulations\n3.2 Limitation on the number of dogs\n(1) This clause does not apply to premises which have been—\n(a) licensed under Part 4 as an approved kennel establishment; or\n(b) granted an exemption under section 26(3) of the Act.\n(2) The limit on the number of dogs which may be kept on any premises is, for the purpose of\nsection 26(4) of the Act—\n(a) 2 dogs over the age of 3 months and the young of those dogs under that age if the premises\nare situated within a townsite; or\n(b) 4 dogs over the age of 3 months and the young of those dogs under that age if the premises\nare situated outside a townsite.\nPART 4—APPROVED KENNEL ESTABLISHMENTS\n4.1 Interpretation\nIn this Part and in Schedule 2—\nlicence means a licence to keep an approved kennel establishment on premises;\nlicensee means the holder of a licence;\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4187\npremises in addition to the meaning given to it in section 3 of the Act, means the premises\ndescribed in the application for a licence; and\ntransferee means a person who applies for the transfer of a licence to her or him under\nclause 4.13.\n4.2 Application for licence for approved kennel establishment\nAn application for a licence must be made in the form of that in Schedule 1, and must be lodged with\nthe local government together with—\n(a) plans and specifications of the kennel establishment, including a site plan;\n(b) copies of the notices to be given under clause 4.3;\n(c) written evidence that either the applicant or another person who will have the charge of the\ndogs, will reside on the premises or, in the opinion of the local government, sufficiently close\nto the premises so as to control the dogs and so as to ensure their health and welfare;\n(d) a written acknowledgement that the applicant has read and agrees to comply with any code\nof practice relating to the keeping of dogs nominated by the local government; and\n(e) the fee for the application for a licence referred to in clause 4.9(1).\n4.3 Notice of proposed use\n(1) An applicant for a licence must give notice of the proposed use of the premises as an approved\nkennel establishment after the application for a licence has been lodged—\n(a) once in a newspaper circulating in the district; and\n(b) to the owners and occupiers of any premises adjoining the premises.\n(2) The notices in subclause (1) must specify that—\n(a) any written submissions as to the proposed use are to be lodged with the CEO within 14 days\nof the date the notice is given; and\n(b) the application and plans and specifications may be inspected at the offices of the local\n(3) Where—\n(a) the notices given under subclause (1) do not clearly identify the premises; or\n(b) a notice given under subclause (1)(a) is of a size or in a location in the newspaper which, in\nthe opinion of the local government, would fail to serve the purpose of notifying persons of the\nproposed use of the premises,\nthen the local government may refuse to determine the application for a licence until the notices or\nnotice, as the case may be, is given in accordance with its directions.\n4.4 Exemption from notice requirements\nWhere an application for a licence is made in respect of premises on which an approved kennel\nestablishment is either a—\n(a) permitted use; or\n(b) use which the local government may approve subject to compliance with specified notice\nrequirements,\nunder a town planning scheme, then the requirements of clauses 4.2(b), 4.3 and 4.5(a) do not apply in\nrespect of the application for a licence.\n4.5 When application can be determined\nAn application for a licence is not to be determined by the local government until—\n(a) the applicant has complied with clause 4.2;\n(b) the applicant submits proof that the notices referred to in clause 4.3(1) have been given in\naccordance with that clause; and\n(c) the local government has considered any written submissions received within the time\nspecified in clause 4.3(2)(a) on the proposed use of the premises.\n4.6 Determination of application\nIn determining an application for a licence, the local government is to have regard to—\n(a) the matters referred to in clause 4.7;\n(b) any written submissions received within the time specified in clause 4.3(2)(a) on the proposed\nuse of the premises;\n(c) any economic or social benefits which may be derived by any person in the district if the\napplication for a licence is approved;\n(d) the effect which the kennel establishment may have on the environment or amenity of the\nneighbourhood;\n(e) whether the approved kennel establishment will create a nuisance for the owners and\noccupiers of adjoining premises; and\n(f) whether or not the imposition of and compliance with appropriate conditions of a licence will\nmitigate any adverse effects of the approved kennel establishment identified in the preceding\nparagraphs.\n\n","sortOrder":44},{"sectionNumber":"4188","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4188 GOVERNMENT GAZETTE, WA 1 August 2017\n4.7 Where application cannot be approved\nThe local government cannot approve an application for a licence where—\n(a) an approved kennel establishment cannot be permitted by the local government on the\npremises under a town planning scheme; or\n(b) an applicant for a licence or another person who will have the charge of the dogs will not\nreside on the premises, or, in the opinion of the local government, sufficiently close to the\npremises so as to control the dogs and so as to ensure their health and welfare.\n4.8 Conditions of approval\n(1) The local government may approve an application for a licence subject to the conditions contained\nin Schedule 2 and to such other conditions as the local government considers appropriate.\n(2) In respect of a particular application for a licence, the local government may vary any of the\nconditions contained in Schedule 2.\n4.9 Fees\n(1) On lodging an application for a licence, the applicant is to pay a fee to the local government.\n(2) On the issue or renewal of a licence, the licensee is to pay a fee to the local government.\n(3) On lodging an application for the transfer of a valid licence, the transferee is to pay a fee to the\nlocal government.\n(4) The fees referred to in subclauses (1) to (3) are to be imposed and determined by the local\ngovernment from time to time under sections 6.16 to 6.19 of the Local Government Act 1995.\n4.10 Form of licence\nThe licence is to be in the form determined by the local government from time to time and is to be\nissued to the licensee.\n4.11 Period of licence\n(1) The period of effect of a licence is set out in section 27(5) of the Act.\n(2) A licence is to be renewed if the fee referred to in clause 4.9(2) is paid to the local government prior\nto the expiry of the licence.\n(3) On the renewal of a licence, the conditions of the licence at the time of its renewal continue to have\neffect.\n4.12 Variation or cancellation of licence\n(1) The local government may vary the conditions of a licence.\n(2) The local government may cancel a licence—\n(a) on the request of the licensee;\n(b) following a breach of the Act, the Regulations or this local law; or\n(c) if the licensee is not a fit and proper person.\n(3) The date a licence is cancelled is to be, in the case of—\n(a) subclause (2)(a), the date requested by the licensee; or\n(b) subclauses (2)(b) and (2)(c), the date determined under section 27(6) of the Act.\n(4) If a licence is cancelled, the fee paid for that licence is not refundable for the term of the licence\nthat has not yet expired.\n4.13 Transfer\n(1) An application for the transfer of a valid licence from the licensee to another person must be—\n(a) made in the form determined by the local government from time to time;\n(b) made by the transferee;\n(c) made with the written consent of the licensee; and\n(d) lodged with the local government together with—\n(i) written evidence that a person will reside at or within reasonably close proximity to the\npremises the subject of the licence; and\n(ii) the fee for the application for the transfer of a licence referred to in clause 4.9(3).\n(2) The local government is not to determine an application for the transfer of a valid licence until the\ntransferee has complied with subclause (1).\n(3) The local government may approve, whether or not subject to such conditions as it considers\nappropriate, or refuse to approve an application for the transfer of a valid licence.\n(4) Where the local government approves an application for the transfer of a valid licence, then on the\ndate of approval, unless otherwise specified in the notice issued under clause 4.14(b), the transferee\nbecomes the licensee of the licence for the purposes of this local law.\n4.14 Notification\nThe local government is to give written notice to—\n(a) an applicant for a licence of the local government’s decision on her or his application;\n(b) a transferee of the local government’s decision on her or his application for the transfer of a\nvalid licence;\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4189\n(c) a licensee of any variation made under clause 4.12(1);\n(d) a licensee when her or his licence is due for renewal and the manner in which it may be\nrenewed;\n(e) a licensee when her or his licence is renewed;\n(f) a licensee of the cancellation of a licence under clause 4.12(2)(a); and\n(g) a licensee of the cancellation of a licence under clause 4.12(2)(b) and 4.12(2)(c), which notice is\nto be given in accordance with section 27(6) of the Act.\n4.15 Inspection of kennel\nWith the consent of the occupier, an authorised person may inspect an approved kennel\nestablishment at any time.\nPART 5—OFFENCES\n5.1 Offence to excrete\n(1) A dog must not excrete on—\n(a) any thoroughfare or other public place; or\n(b) any land which is not a public place without the consent of the occupier.\n(2) Subject to subclause (3), if a dog excretes contrary to subclause (1), every person liable for the\ncontrol of the dog at that time commits an offence.\nPenalty: $1000\n(3) The person liable for the control of the dog does not commit an offence against subclause (2) if any\nexcreta is removed immediately by that person.\nPART 6—ENFORCEMENT\nIn this Part—\ninfringement notice means the notice referred to in clause 6.3; and\nnotice of withdrawal means the notice referred to in clause 6.6(1).\n(1) The offences contained in Schedule 3 are offences in relation to which a modified penalty may be\nimposed.\n(2) The amount appearing in the fourth column of Schedule 3 directly opposite an offence is the\nmodified penalty payable in respect of that offence if—\n(a) the dog is not a dangerous dog; or\n(b) the dog is a dangerous dog, but an amount does not appear in the fifth column directly\nopposite that offence.\n(3) The amount appearing in the fifth column of Schedule 3 directly opposite an offence is the\nmodified penalty payable in respect of that offence if the dog is a dangerous dog.\n6.3 Issue of infringement notice\nWhere an authorised person has reason to believe that a person has committed an offence in respect\nof which a modified penalty may be imposed, he or she may issue to that person a notice in the form\ndetermined by the local government from time to time.\n6.4 Failure to pay modified penalty\nWhere a person who has received an infringement notice fails to pay the modified penalty within the\ntime specified in the notice, or within such further time as may in any particular case be allowed by\nthe CEO, he or she is deemed to have declined to have the offence dealt with by way of a modified\npenalty.\n6.5 Payment of modified penalty\nA person who has received an infringement notice may, within the time specified in that notice or\nwithin such further time as may in any particular case be allowed by the CEO, send or deliver to the\nlocal government the amount of the penalty, with or without a reply as to the circumstances giving\nrise to the offence, and the local government may appropriate that amount in satisfaction of the\npenalty and issue an acknowledgment.\n6.6 Withdrawal of infringement notice\n(1) Whether or not the modified penalty has been paid, an authorised person may withdraw an\ninfringement notice by sending a notice in the form determined by the local government from time to\ntime.\n(2) A person authorised to issue an infringement notice under clause 6.3 cannot sign or send a notice\nof withdrawal.\n6.7 Service\nAn infringement notice or a notice of withdrawal may be served on a person personally, or by leaving\nit at, or posting it to, her or his address as ascertained from her or him, or as recorded by the local\ngovernment under the Act, or as ascertained from inquiries made by the local government.\n\n","sortOrder":45},{"sectionNumber":"4190","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4190 GOVERNMENT GAZETTE, WA 1 August 2017\nAPPLICATION FOR A LICENCE FOR AN APPROVED KENNEL ESTABLISHMENT\n(clause 4.2)\nI/we (full name) .............................................................................................................................................\nof (postal address) .........................................................................................................................................\n(telephone number) .......................................................................................................................................\n(facsimile number) ........................................................................................................................................\n(E-mail address) ............................................................................................................................................\nApply for a licence for an approved kennel establishment at (address of premises) .................................\n.......................................................................................................................................................................\nFor (number and breed of dogs)....................................................................................................................\n* (insert name of person) .................................................... will be residing at the premises on and\nfrom (insert date) .................................................................\n* (insert name of person)........................................................will be residing (sufficiently\nclose to the premises so as to control the dogs and so as to ensure their health and welfare)\nat......................................................................................................... (insert address of residence)\non and from ................................................................................................................. (insert date).\nAttached are—\n(a) a site plan of the premises showing the location of the kennels and yards and all other\nbuildings and structures and fences;\n(b) plans and specifications of the kennel establishment;\n(c) copy of notice of proposed use to appear in newspaper;\n(d) copy of notice of proposed use to be given to adjoining premises;\n(e) written evidence that a person will reside—\n(i) at the premises; or\n(ii) sufficiently close to the premises so as to control the dogs and so as to ensure their\nhealth and welfare; and\n(f) if the person in item (e) is not the applicant, written evidence that the person is a person in\ncharge of the dogs.\nI confirm that I have read and agree to comply with the Code of Practice known as\n................................................................. , in the keeping of dogs at the proposed kennel establishment.\nSignature of applicant.....................................................\nDate .................................................................................\n* delete where inapplicable.\nNote: a licence if issued will have effect for a period of 12 months—section 27(5) of the Dog Act 1976.\nOFFICE USE ONLY\nApplication fee paid on [insert date].\n————\nCONDITIONS OF A LICENCE FOR AN APPROVED KENNEL ESTABLISHMENT\n(clause 4.8(1))\nAn application for a licence for an approved kennel establishment may be approved subject to the\nfollowing conditions—\n(a) each kennel, unless it is fully enclosed, must have a yard attached to it;\n(b) each kennel and each yard must be at a distance of not less than—\n(i) 25m from the front boundary of the premises and 5m from any other boundary of the\npremises;\n(ii) 10m from any dwelling; and\n(iii) 25m from any church, school room, hall, factory, dairy or premises where food is\nmanufactured, prepared, packed or stored for human consumption;\n(c) each yard for a kennel must be kept securely fenced with a fence constructed of link mesh or\nnetting or other materials approved by the local government;\n(d) the minimum floor area for each kennel must be calculated at 2.5 times the length of the\nbreed of dog (when it is fully grown), squared, times the number of dogs to be housed in the\nkennel and the length of the dog is to be determined by measuring from the base of the tail to\nthe front of its shoulder;\n(e) the floor area of the yard attached to any kennel or group of kennels must be at least twice\nthe floor area of the kennel or group of kennels to which it is attached;\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4191\n(f) the upper surface of the kennel floor must be—\n(i) at least 100mm above the surface of the surrounding ground;\n(ii) smooth so as to facilitate cleaning;\n(iii) rigid;\n(iv) durable;\n(v) slip resistant;\n(vi) resistant to corrosion;\n(vii) non-toxic;\n(viii) impervious;\n(ix) free from cracks, crevices and other defects; and\n(x) finished to a surface having a fall of not less than 1 in 100 to a spoon drain which in\nturn must lead to a suitably sized diameter sewerage pipe which must be properly laid,\nventilated and trapped in accordance with the health requirements of the local\n(g) all kennel floor washings must pass through the drain in item (f)(x) and must be piped to\napproved apparatus for the treatment of sewage in accordance with the health requirements\nof the local government;\n(h) the kennel floor must have a durable upstand rising 75mm above the floor level from the\njunction of the floor and external and internal walls, or internal walls must be so constructed\nas to have a minimum clearance of 50mm from the underside of the bottom plate to the floor;\n(i) where a yard is to be floored, the floor must be constructed in the same manner as the floor of\nany kennel;\n(j) from the floor, the lowest internal height of a kennel must be, whichever is the lesser of—\n(i) 2m; or\n(ii) 4 times the height of the breed of dog in the kennel, when it is fully grown, measured\nfrom the floor to the uppermost tip of its shoulders while in a stationary upright\nposition;\n(k) the walls of each kennel must be constructed of concrete, brick, stone or framing sheeted\ninternally and externally with good quality new zincalume or new pre-finished colour coated\nsteel sheeting or new fibrous cement sheeting or other durable material approved by the local\n(l) all external surfaces of each kennel must be kept in good condition;\n(m) the roof of each kennel must be constructed of impervious material;\n(n) all kennels and yards and drinking vessels must be maintained in a clean condition and must\nbe cleaned and disinfected when so ordered by an authorised person;\n(o) all refuse, faeces and food waste must be disposed of daily into the approved apparatus for\nthe treatment of sewage;\n(p) noise, odours, fleas, flies and other vectors of disease must be effectively controlled;\n(q) suitable water must be available at the kennel via a properly supported standpipe and tap;\nand\n(r) the licensee or the person nominated in the application for a licence, must, in accordance with\nthe application for the licence, continue to reside—\n(i) at the premises; or\n(ii) in the opinion of the local government, sufficiently close to the premises so as to control\nthe dogs, and to ensure their health and welfare.\n————\nOFFENCES IN RESPECT OF WHICH MODIFIED PENALTY APPLIES\n(clause 6.2)\nItem Offence Nature of offence Modified\npenalty $\n1 3.1 Failing to provide means for effectively confining a dog 50\n2 5.1(2) Dog excreting in prohibited place 100\n————\nDated 16th of June 2017.\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4193\n1.5 Definitions\n1.6 Relationship with other laws\n1.7 Approval Fees and Charges\nPART 2—SUFFICIENT FENCES\n2.1 Sufficient fences\n2.2 Fences within front setback areas\n2.3 Gates in fences\n2.4 Depositing fencing material on public place\n2.5 Fences on a rural lot\n2.6 Maintenance of fences\n2.7 Fences across rights-of-way, public access ways or thoroughfares\n2.8 General discretion of the local government\n2.9 Pre-used fencing materials\n2.10 Barbed wire fences and spiked or jagged materials\n2.11 Electrified and razor wire fences\n2.12 Prohibited fencing materials\nPART 3—APPROVALS\n3.1 Application for approval\n3.2 Decision on application for approval\n3.3 Compliance with approval\n3.4 Duration of approval\n3.5 Cancellation of an approval\nPART 4—MISCELLANEOUS\n4.1 False or misleading statement\nPART 5—NOTICES OF BREACH\n5.1 Notices of breach\nPART 6—OFFENCES\n6.1 Offences and penalties\n6.3 Forms of notices\nPART 7—OBJECTIONS AND REVIEW\n7.1 Objections and review\nSCHEDULE 1—OFFENCES AND MODIFIED PENALTIES\nSCHEDULE 2—SPECIFICATIONS FOR A SUFFICIENT FENCE ON A RESIDENTIAL LOT\n\n4194 GOVERNMENT GAZETTE, WA 1 August 2017\nSCHEDULE 3—SPECIFICATIONS FOR A SUFFICIENT FENCE ON A COMMERCIAL LOT\nOR AN INDUSTRIAL LOT\nSCHEDULE 4—SPECIFICATIONS FOR A SUFFICIENT FENCE ON A RURAL LOT OR\nSPECIAL RURAL LOT\nSCHEDULE 5—LICENCE FOR APPROVED ELECTRIFIED FENCE\nSCHEDULE 6—LICENCE FOR APPROVED ELECTRIFIED FENCE\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4195\nUnder the powers conferred by the Local Government Act 1995 and all other powers enabling it, the\nShire of Northampton resolved on 16 June 2017 to make the following local law.\nThis local law is the Shire of Northampton Fencing Local Law 2017.\nThe Municipality of the Shire of Northampton By-laws Relating to Fences as published in the\nGovernment Gazette on 3 November 1989 is repealed.\n1.5 Definitions\nIn this local law—\nAct means the Dividing Fences Act 1961;\napplicant means a person who makes an application for approval under this local law;\nAS or AS/NZS means an Australian Standard or an Australian/New Zealand Standard\npublished by Standards Australia and available for viewing free of charge at the Shire of\nNorthampton Administration offices;\nAS/NZS 1170 means Australian/New Zealand Standard 1170:2011 Structural design actions—\nGeneral principles, published by Standards Australia as amended from time to time;\nAS 2870 means the Australian/New Zealand Standard 2870:2011 Residential slabs and footing,\npublished by Standards Australia as amended from time to time;\nAS/NZS 3016 means Australian/New Zealand Standard 3016:2002—Electrical Installations—\nElectricity security fences, published by Standards Australia as amended from time to time;\nauthorised officer means a person appointed by the local government under section 9.10 of the\nLocal Government Act 1995 to perform any of the functions of an authorised person under this\nbarbed wire fence means a wire or strand of wires having small pieces of sharply pointed wire\ntwisted around it at short intervals;\nboundary fence has the meaning given to it by the Act;\nbuilding surveyor means a Building Surveyor of the local government;\ncommercial lot means a lot where a commercial use—\ncomposite fence means a fence constructed of brick piers and with infill panels between the\npiers of materials other than brick or a fence where the supporting posts and infill panels are\nof different materials.\ndangerous in relation to any fence means—\n(a) an electrified fence other than a fence approved by the local government under this\n(b) a fence containing barbed wire other than a fence erected and maintained in\naccordance with this local law;\n\n","sortOrder":46},{"sectionNumber":"4196","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4196 GOVERNMENT GAZETTE, WA 1 August 2017\n(c) a fence containing exposed broken glass, asbestos fibre, razor wire or any other\npotentially harmful projection or material; or\n(d) a fence which is likely to collapse or fall, or part of which is likely to collapse or fall,\nfrom any cause;\ndistrict planning scheme means a local planning scheme of the local government made under\nthe Planning and Development Act 2005;\ndividing fence has the meaning given to it by the Act;\nelectrified fence means a fence carrying or designed to carry an electric charge;\nfence means any structure, not including a retaining wall, used or functioning as a barrier,\nirrespective of where it is located and includes any gate;\nfrontage means the boundary line between a lot and the thoroughfare which that lot adjoins;\nfront boundary means the boundary line between a lot and the thoroughfare upon which that\nlot abuts, or in the case of a lot abutting on more than one thoroughfare, the boundary line\nbetween the lot and the primary thoroughfare;\nfront setback area means the area between the building line of a lot and the front boundary of\nthat lot;\nheight in relation to a fence means the vertical distance between—\n(a) the top of the fence at any point; and\n(b) the ground level or, where the ground levels on each side of the fence are not the same,\nthe higher ground level, immediately below that point;\nhours of business operations means the hours of the day during which business is usually\nconducted;\nindustrial lot means a lot where an industrial use—\nlicence means an electrified fence licence or a razor wire fence licence;\n(c) which is an otherwise unvested facility under section 3.53 of the Local Government\nAct 1995;\nnotice of breach means a notice referred to in clause 5.1;\noccupier has the meaning given to it in the Local Government Act 1995;\nopen construction means a visually permeable fence comprising of—\n(a) continuous gaps at least 50 millimetres wide which in aggregate occupy at least one\nthird of the length of the fence; or\n(b) continuous gaps less than 50 millimetres wide which in aggregate occupy at least half\nof the length of the fence;\nprovided that the gaps are evenly distributed along the length of the fence.\nowner has the meaning given to it in the Local Government Act 1995;\npublic access way means a portion of public land used as a means of pedestrian access between\nthoroughfares or other public places and for providing a corridor for public utility services;\npublic place means any place to which the public has access whether or not that place is on\nprivate property;\nrazor wire means a coiled strong wire with pieces of sharp cutting edges set across it at close\nintervals;\nresidential lot means a lot where a residential use—\nretaining wall means any structure which prevents the movement of soil or retains soil or\nstructures in order to allow ground levels of different elevations to exist adjacent to one\nanother;\nright of way means a strip of land available either for use by the general public, or a restricted\nsection of the community, and may be created by subdivision, specific transfer, or continued\nuse over a period of years.\nrural lot means a lot where a rural use—\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4197\nSchedule means a Schedule to this local law;\nspecial residential lot means a lot where a special residential use—\nspecial rural lot means a lot where a special rural use—\nstructural engineer means a qualified engineer trained to understand and calculate the\nstability, strength and rigidity of built structures for buildings and non-building structures;\nsufficient fence means a fence described in clause 2.1; and\nthoroughfare has the meaning given to it by the Local Government Act 1995, but does not\ninclude a private thoroughfare which is not under the management or control of the local\n1.6 Relationship with other laws\n(1) Anything allowed under any Act, Regulation or district planning scheme, is not affected by any\nprohibition, requirement or restriction under this local law.\n(2) In the event of any inconsistency with any Act, Regulation or district planning scheme, the\nprovisions of those Acts, Regulations or district planning scheme are to prevail.\n1.7 Approval fees and charges\nAll approval fees and charges applicable under this local law shall be determined by the local\ngovernment from time to time in accordance with section 6.16 and 6.19 of the Local Government\nAct 1995.\nPART 2—SUFFICIENT FENCES\nDivision 1—Sufficient fences\n2.1 Sufficient fences\n(1) A person shall not erect a dividing fence or a boundary fence that is not a sufficient fence.\n(2) Subject to subclauses (3) and (4), a sufficient fence—\n(a) on a residential lot is a dividing fence or a boundary fence constructed and maintained in\naccordance with the specifications and requirements of Schedule 2;\n(b) on a commercial lot or an industrial lot is a dividing fence or a boundary fence constructed\nand maintained in accordance with the specifications and requirements of Schedule 3; and\n(c) on a rural lot or a special rural lot is a dividing fence or a boundary fence constructed and\nmaintained in accordance with the specifications and requirements of Schedule 4; and\n(d) on a special residential lot is a dividing fence or a boundary fence constructed and maintained\nin accordance with the specifications and requirements of Schedule 5.\n(3) Where a fence is erected on or near the boundary between—\n(a) a residential lot and an industrial lot, a sufficient fence is a dividing fence constructed and\nmaintained in accordance with the specifications and requirements of Schedule 2;\n(b) a residential lot and a commercial lot, a sufficient fence is a dividing fence constructed and\nmaintained in accordance with the specifications and requirements of Schedule 3;\n(c) a residential lot and a rural lot, a sufficient fence is a dividing fence constructed and\nmaintained in accordance with the specifications and requirements of Schedule 4;\n(d) a residential lot and a special rural lot, a sufficient fence is a dividing fence constructed and\nmaintained in accordance with the specifications and requirements of Schedule 4; and\n(e) a special rural lot; rural lot and special residential lot, a sufficient fence is a dividing fence\nconstructed and maintained in accordance with the specifications and requirements of\nSchedule 4.\n(4) An application must be made to the local government for grant of consent to any variation to the\nspecifications in Schedules 2, 3, 4 and 5.\n(5) Unless an authorised officer determines otherwise, a sufficient fence on a boundary between lots\nother than those specified in subclause (3) is a dividing fence constructed in accordance with the\nspecifications and requirements of Schedule 2.\n(6) Notwithstanding any other provision in this local law, a dividing fence or boundary fence\nconstructed of masonry, stone or concrete shall be a sufficient fence only if it is designed by a suitably\nqualified structural engineer and constructed in accordance with that design where—\n(a) it is greater than 1 800 millimetres in height; or\n(b) the Building Surveyor requires.\n(7) Notwithstanding any other provision in this local law, a dividing fence or boundary fence shall not\nexceed 1 800 millimetres in height unless the approval of the local government has been obtained for\nsuch a fence.\n\n","sortOrder":47},{"sectionNumber":"4198","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4198 GOVERNMENT GAZETTE, WA 1 August 2017\nDivision 2—General\n2.2 Fences within front setback areas\n(1) A person shall not, without the written consent of the Building Surveyor, erect a free standing\nfence greater than 1 200 millimetres in height, within the front setback area of a residential lot\nwithin the district.\n(2) The Building Surveyor may approve the erection of a fence of a height greater than\n1 200 millimetres in the front setback area of a residential lot only if the fence on each side of the\ndriveway into the lot across the front boundary is to be angled into the lot for a distance of not less\nthan 1 500 millimetres along the frontage to a distance of not less than 1 500 millimetres from the\nfrontage in order to provide appropriate splayed lines of vision for a motorist using the driveway for\naccess to a thoroughfare.\n(3) The provision of subclause (2) shall not apply to a fence—\n(a) of open construction that does not obscure the lines of vision of a motorist using the driveway\nfor access to a thoroughfare; or\n(b) that does not adjoin a footpath.\n2.3 Gates in fences\nA person shall not erect a gate in a fence which does not—\n(a) open into the lot, if the gate is providing access to a thoroughfare; or\n(b) open by sliding parallel and on the inside of the fence, which it forms part of, when closed.\n2.4 Depositing fencing material on public place\nA person shall not deposit or permit the deposit of any materials whatsoever used in the construction\nor maintenance of any fence, on any thoroughfare, public place or local government property without\nthe approval of the local government.\n2.5 Fences on a rural lot\nA person shall not, without the written consent of the Building Surveyor, erect a fence on a rural lot\nof a height exceeding 1 500 millimetres.\n2.6 Maintenance of fences\nAn owner of a lot on which a fence is erected shall maintain the fence in good condition so as to\nprevent it from becoming dangerous, dilapidated, or unsightly to the amenity of the locality.\n2.7 Fences across rights-of-way, public access ways or thoroughfares\nA person must not, without the approval of the local government, erect or maintain a fence or\nobstruction of a temporary or permanent nature across any right-of-way, public access way or\nthoroughfare so as to impede or prevent use of those facilities in the manner for which they are\nintended and constructed.\n2.8 General discretion of the local government\n(1) Notwithstanding the provisions of clause 2.1, the local government may approve the erection or\nrepair of a dividing fence which is not a sufficient fence where all of the owners of the lots to be\nseparated by the dividing fence make an application for approval for that purpose.\n(2) In determining whether to grant its approval under subclause (1), the local government may\nconsider whether the erection or retention of the fence would have an adverse effect on—\n(a) the safe or convenient use of any land;\n(b) the safety or convenience of any person; or\n(c) the visual amenity of the locality.\nDivision 3—Fencing materials\nWhere required by the Building Surveyor, fencing designs are to be certified by a suitably qualified\nstructural engineer as being suitable for wind loadings found in Region D Category 2 areas in\naccordance with the current edition of AS/NZS 1170:2011 as amended from time to time.\n2.9 Pre-used fencing materials\n(1) Notwithstanding clause 2.1, a person shall not construct a fence on a residential lot, a commercial\nlot or an industrial lot from pre-used materials without the approval of the local government.\n(2) Where the local government approves the use of pre-used materials in the construction of a fence\nunder subclause (1), that approval shall be conditional on the applicant painting or treating the pre-\nused material as directed by the Building Surveyor.\n2.10 Barbed wire fences and spiked or jagged materials\n(1) This clause does not apply to a fence constructed wholly or partly of razor wire.\n(2) An owner or occupier of a residential lot or a commercial lot shall not erect, affix or allow to\nremain on any fence on such a lot any barbed wire or other material with spiked or jagged projections,\nunless the prior written approval of the local government has been obtained.\n(3) An owner or occupier of an industrial lot shall not erect, affix or allow to remain on any fence\nbounding that lot any barbed wire or other materials with spiked or jagged projections unless the wire\nor other materials are carried on posts at an angle of 45 degrees, and unless the bottom row of wire or\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4199\nother materials is setback 150 millimetres from the face of the fence and is not nearer than\n2 000 millimetres from the ground level.\n(4) If the posts which carry the barbed wire or other materials referred to in subclause (3) are angled\ntowards the outside of the lot bounded by the fence, the face of the fence must be setback from the lot\nboundary a sufficient distance to ensure that the angled posts, barbed wire or other materials do not\nencroach on adjoining land.\n(5) An owner or occupier of a lot shall not erect, affix or allow to remain as part of any fence or wall,\nwhether internal or external on that lot, any broken glass.\n(6) An owner or occupier of a rural lot, a special rural lot or a special residential lot, shall not erect,\naffix or allow to remain any barbed wire upon a fence on that lot, where the fence is adjacent to a\nthoroughfare or other public place, unless the barbed wire is fixed to the side of the fence posts\nfurthest from the thoroughfare or other public place.\n2.11 Electrified and razor wire fences\n(1) An owner or occupier of a lot shall not—\n(a) construct or use an electrified fence on that lot, without obtaining the approval of the local\ngovernment, in the form prescribed in Schedule 6; or\n(b) construct a fence wholly or partly of razor wire on that lot, without obtaining the approval of\nthe local government.\n(2) The local government shall not approve an application for the purpose of subclause (1)(a)—\n(a) in respect of a lot which is or which abuts a residential lot;\n(b) unless the proposed fence will comply with AS/NZS 3016:2002 as amended from time to\ntime; and\n(c) unless provision is made so as to enable the fence to be rendered inoperable during the hours\nof business operations, if any, on the lot where it is erected.\n(3) The local government shall not approve an application for the purpose of subclause (1)(b)—\n(a) if the fence is within 3 000 millimetres of the boundary of the lot; or\n(b) where any razor wire used in the construction of the fence is less than 2 000 millimetres or\nmore than 2 400 millimetres above the ground level.\n(4) An application for approval for the purpose of subclauses (1)(a) or (1)(b) shall be made by the\nowner of the lot on which the fence is or is to be erected, or by the occupier of the lot with the written\nconsent of the owner.\n2.12 Prohibited fencing materials\nA person shall not affix or use broken glass in the construction of any fence.\nPART 3—APPROVALS\n3.1 Application for approval\n(1) Where a person is required to obtain the approval of the local government under this local law,\nthat person shall apply for approval in accordance with subclause (2).\n(2) An application for approval under this local law shall—\n(a) be in the form determined by the local government;\n(b) be signed by the applicant and the owner of the lot;\ngovernment under and in accordance with sections 6.16 and 6.19 of the Local Government\nAct 1995.\nrelated to an application before determining an application for approval.\n(4) The local government may refuse to consider an application for approval which is not in\naccordance with subclauses (2) and (3).\n3.2 Decision on application for approval\n(a) approve an application for approval unconditionally or subject to any conditions; or\n(b) refuse to approve an application for approval.\n(2) If the local government approves an application for approval, it is to issue to the applicant an\napproval in the form determined by the local government.\n(3) If the local government refuses to approve an application for approval, it is to give written notice of\n(4) Where a clause of this local law refers to conditions which may be imposed on an approval or\nwhich are to be taken to be imposed on an approval, the clause does not limit the power of the local\ngovernment to impose other conditions on the approval under subclause (1)(a).\n3.3 Compliance with approval\nWhere an application for approval has been approved, the applicant and the owner or occupier of the\nlot to which the approval relates, shall comply with the terms and any conditions of that approval.\n\n","sortOrder":48},{"sectionNumber":"4200","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4200 GOVERNMENT GAZETTE, WA 1 August 2017\n3.4 Duration of approval\nUnless otherwise stated in the form of approval, an approval granted under this local law runs with\nthe lot to which it relates and for the avoidance of doubt, it may be relied upon by any subsequent\noccupier or owner of the lot, and may be enforced against them by the local government.\n3.5 Cancellation of an approval\nSubject to Division 1 Part 9 of the Local Government Act 1995, the local government may cancel an\napproval issued under this Part if—\n(a) the fence no longer satisfies the required specifications; or\n(b) the owner or occupier breaches any condition upon which the approval has been issued.\nPART 4—MISCELLANEOUS\n4.1 False or misleading statement\nA person shall not make a false or misleading statement in connection with any application,\nrequirement or request under this local law.\nPART 5—NOTICES OF BREACH\n5.1 Notices of breach\n(1) Where a breach of any provision of this local law has occurred in relation to a fence on a lot, the\nlocal government may give a notice in writing to the owner of that lot.\n(2) A notice of breach shall—\n(a) specify the provision of this local law which has been breached;\n(b) specify the particulars of the breach; and\n(c) state that the owner is required to remedy the breach within the time specified in the notice.\n(3) Should an owner fail to comply with a notice of breach, the local government may, by its\nemployees, agents or contractors enter upon the lot to which the notice relates and remedy the\nbreach, and may recover the expenses of so doing from the owner of the lot in a court of competent\njurisdiction.\n(4) The provisions of this clause are subject to section 3.25 and item 12 of Division 1 of Schedule 3.1 of\nthe Act and any power of entry exercised by the local government under this local law is subject to\nPart 3, Division 3 of the Act.\nPART 6—OFFENCES\n6.1 Offences and penalties\n(1) A person who fails to comply with a notice of breach commits an offence and is liable upon\nconviction to a penalty of not less than $250 and not exceeding $5 000 and, if the offence is a\ncontinuing offence, to a maximum daily penalty of $500.\n(2) A person who fails to comply with or who contravenes any provision of this local law commits an\noffence and is liable on conviction to a penalty of not less than $250 and not exceeding $5 000 and, if\nthe offence is a continuing offence, to a maximum daily penalty of $500.\n(1) An offence against any provision of this local law is a prescribed offence for the purposes of section\n9.16(1) of the Local Government Act 1995.\n(2) The amount appearing in the final column of Schedule 1, directly opposite a prescribed offence in\nthat Schedule, is the modified penalty for that prescribed offence.\n6.3 Forms of notices\nFor the purposes of this local law—\n(a) the form of the infringement notice referred to in sections 9.16 and 9.17 of the Local\nGovernment Act 1995 is to be in the form of Form 2 of Schedule 1 of the Local Government\n(Functions and General) Regulations 1996; and\n(b) the form of the withdrawal of infringement notice referred to in section 9.20 of the Local\nGovernment Act 1995 is to be in the form of Form 3 in Schedule 1 of the Local Government\n(Functions and General) Regulations 1996.\nPART 7—OBJECTIONS AND REVIEW\n7.1 Objections and review\nWhen the local government makes a decision under clause 3.2, the provisions of Part 9 Division 1 of\nthe Local Government Act 1995, and regulation 33 of the Local Government (Functions and General)\nRegulations 1996, apply to that decision.\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4201\nOFFENCES AND MODIFIED PENALTIES\n[clause 6.2(2)]\nItem\nNo\nClause\nNo. Nature of offence\npenalties\n$\n1 2.1(1) Erect a fence which is not a sufficient fence 250\n2 2.2 Erect a fence greater than 1 200 millimetres in height within a\nfront setback area of a residential lot without the written consent\nof the local government 250\n3 2.3(a) Erect a gate in a fence not opening into the lot, if the gate is\nproviding access to a thoroughfare 200\n4 2.3(b) Erect a gate in a fence not sliding parallel and inside a fence 200\n5 2.5 Erect a fence on a rural lot of a height exceeding 1 500\nmillimetres without the written consent of the local government 200\n6 2.6 Failure to maintain a fence in good condition to prevent the fence\nbecoming dangerous, dilapidated or unsightly 250\n7 2.7 Erect or maintain a fence or obstruction of temporary or\npermanent nature across a right-of way, public access way or\nthoroughfare without approval 250\n8 2.9(1) Construct a fence on a residential, commercial or industrial lot\nfrom pre-used materials without written approval 250\n9 2.10(2) Erect a fence using barbed wire or material with spiked or jagged\nprojections in the fence construction without written approval 250\n10 2.11(1) Construct, erect or use razor wire in a fence or electrify a fence\nwithout approval 250\n11 2.12 Affix, or use, any broken glass in a fence 250\n12 3.3 Failure to comply with terms or conditions of approval 250\n13 6.1 Failure to comply with notice of breach 250\n————\nSPECIFICATIONS FOR A SUFFICIENT FENCE ON A RESIDENTIAL LOT\n[clause 2.1(2)(a)]\nEach of the identified categories in this Schedule is a sufficient fence on a residential lot—\n1. Timber fence\n(a) corner posts to be 125 millimetres x 125 millimetres x 2 400 millimetres and\nintermediate posts to be 125 millimetres x 75 millimetres x 2 400 millimetres spaced at\n2 400 millimetres centres;\n(b) corner posts to be strutted 2 ways with 100 millimetres x 50 millimetres x\n450 millimetres sole plates and 75 millimetres x 50 millimetres struts;\n(c) intermediate posts to be doubled yankee strutted with 150 millimetres x 25 millimetres\nx 450 millimetres struts;\n(d) all posts to have tops with a 60 millimetres weather cut and to be sunk at least\n600 millimetres into the ground;\n(e) rails to be 75 millimetres x 50 millimetres with each rail spanning 2 bays of fencing\ndouble railed or bolted to each post with joints staggered;\n(f) the fence to be covered with 75 millimetres x 20 millimetres sawn pickets,\n1 800 millimetres in height placed 75 millimetres apart and affixed securely to each\nrail; and\n(g) the height of the fence to be 1 800 millimetres except with respect to the front setback\narea for which there is no minimum height but which is subject to clause 7.\n2. Corrugated fence\nA fence constructed of corrugated fibre reinforced pressed cement or steel sheeting\nconstructed to manufacturer’s specifications or which satisfies the following specifications—\n(a) a minimum in-ground length of 25 per cent of the total length of the sheet, but in any\ncase shall have a minimum in-ground depth of 600 millimetres;\n(b) the total height and depth of the fence to consist of a single continuous fibre reinforced\ncement or steel sheet;\n(c) the sheets to be lapped and capped with extruded snap-fit type capping in accordance\nwith the manufacturer’s specifications; and\n(d) the height of the fence to be 1 800 millimetres except with respect to the front setback\narea for which there is no minimum height but which is subject to clause 7.\n\n","sortOrder":49},{"sectionNumber":"4202","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4202 GOVERNMENT GAZETTE, WA 1 August 2017\n3. Brick, stone or concrete fence\nA fence constructed of brick, stone or concrete, which satisfies the following requirements and\nspecifications—\n(a) a site classification is to be provided by a suitably qualified engineer in accordance with\nAS 2870:2011 Residential slabs and footings as amended from time to time;\n(b) the footing is to be designed in accordance with AS 2870:2011 Residential slabs and\nfootings as amended from time to time;\n(c) footings having a minimum of 225 millimetres x 150 millimetres concrete 15MPa or\n300 millimetres x 175 millimetres brick laid in cement mortar;\n(d) fences to be offset a minimum of 200 millimetres at maximum 3 000 millimetres\ncentres or 225 millimetres x 100 millimetres engaged piers to be provided at maximum\n3 000 millimetres centres;\n(e) expansion joints in accordance with the manufacturer’s specifications; and\n(f) the height of the fence to be 1 800 millimetres except with respect to the front setback\narea for which there is no minimum height but which is subject to clause 2.2.\n4. Composite fence\nA composite fence which satisfies the following specifications for the brick construction—\n(1) (a) brick piers shall have a minimum of 345 millimetres x 345 millimetres at\n1 800 millimetres centres bonded to a minimum height base wall of\n514 millimetres;\n(b) each brick pier shall be reinforced with one R10 galvanised starting rod\n1 500 millimetres high with a 250 millimetres horizontal leg bedded into a\n500 millimetres x 200 millimetres concrete footing and set 65 millimetres above\nthe base of the footing. The top of the footing shall be 1 course (85 millimetres)\nbelow ground level;\n(c) the minimum ultimate strength of brickwork shall be 20MPa. Mortar shall be a\nmix of 1 part cement, 1 part lime and 6 parts sand;\n(d) the ground under the footings is to be compacted to 6 blows per 300 millimetres\nand checked with a standard falling weight penetrometer; and\n(e) control joints in brickwork shall be provided with double piers at a maximum of\n6 metre centres;\nor\n(2) (a) brick piers of a minimum 345 millimetres x 345 millimetres x 2 700 millimetres\ncentres bonded to the base wall; and\n(b) each pier shall be reinforced with 2 R10 galvanised starting rods as previously\nspecified.\n————\nSPECIFICATIONS FOR A SUFFICIENT FENCE ON A COMMERCIAL LOT OR AN\nINDUSTRIAL LOT\n[clause 2.1(2)(b)]\nEach of the identified categories in this Schedule, with minimum and maximum specifications where\nstated, is a sufficient fence on a commercial lot or an industrial lot and the fence design being certified\nby a suitably qualified structural engineer as being suitable for wind loadings found in Region D\nCategory 2 areas in accordance with the current edition of AS/NZS 1170:2011 as amended from time\nto time.\n1. Galvanised or PVC fence and gate\nA fence constructed of galvanised or PVC coated non-rail link mesh, chain mesh or steel mesh\nwhich satisfies the following specifications—\n(a) corner posts to be a minimum of 50 millimetres nominal bore x 3.5 millimetres and\nwith footings of a 225 millimetres diameter x 900 millimetres;\n(b) intermediate posts to be minimum 37 millimetres nominal bore x 3.15 millimetres at\nmaximum 3.5 metre centres and with footings of a 225 millimetres diameter x\n600 millimetres;\n(c) struts to be minimum 30 millimetres nominal bore x 3.15 millimetres fitted at each\ngate and 2 at each corner post and with footings 225 millimetres x 600 millimetres;\n(d) cables to be affixed to the top, centre and bottom of all posts and to consist of 2 or more\n3.15 millimetres wires twisted together or single 4 millimetres wire;\n(e) non-rail link, chain or steel mesh is to be to a height of 2 000 millimetres on top of\nwhich are to be 3 strands of barbed wire carrying the fence to a height of\n2 400 millimetres in accordance with the requirements and standards of the district\nplanning schemes; and\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4203\n(f) galvanised link mesh wire to be 2 000 millimetres in height and constructed of\n50 millimetres mesh 2.5 millimetres galvanised iron wire and to be strained, neatly\nsecured and laced to the posts and affixed to cables. Vehicle entry gates shall provide\nan opening of not less than 3.6 metres and shall be constructed of 25 millimetres\ntubular framework with 1 horizontal and 1 vertical stay constructed of 20 millimetres\npiping and shall be covered with 50 millimetres x 2.5 millimetres galvanised link mesh\nstrained to framework. Gates shall be fixed with a drop bolt and locking attachment.\n2. Other fences\n(a) a fence of cement sheet or steel sheeting constructed to the minimum specifications\nreferred to in Schedule 2;\n(b) a fence constructed of aluminium sheeting when supported on posts and rails provided\nthat it is used behind a building line and is of a minimum height of 1 800 millimetres\nbut no greater than 2 400 millimetres; or\n(c) a fence of timber, brick, stone or concrete constructed to the minimum specifications\nreferred to in Schedule 2.\n————\n","sortOrder":50},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":null,"content":"Schedule 4\nSPECIFICATIONS FOR A SUFFICIENT FENCE ON A RURAL LOT OR\nSPECIAL RURAL LOT\n[clause 2.1(2)(c)]\nEach of the identified categories in this Schedule, with minimum and maximum specifications where\nstated is a sufficient fence on a rural lot or a special rural lot and the fence design being certified by a\nsuitably qualified structural engineer as being suitable for wind loadings found in Region D Category\n2 areas in accordance with the current edition of AS/NZS 1170:2011 as amended from time to time.\n1. Non-electrified fence\n(a) wire shall be high tensile wire and not less than 2.5 millimetres. A minimum of 5 wires\nshall be used, generally with the lower wires spaced closer together than the higher\nwires so as to prevent smaller stock passing through, and connected to posts in all\ncases.\n(b) posts shall be of indigenous timber or other suitable material including—\n(i) timber impregnated with a termite and fungicidal preservative;\n(ii) standard iron star pickets; or\n(iii) concrete;\n(c) cut not less than 1 800 millimetres long x 50 millimetres diameter at small end if round\nor 125 millimetres x 60 millimetres if split or sawn;\n(d) posts to be set minimum 600 millimetres in the ground and 1 200 millimetres above the\nground; and\n(e) strainer posts shall be not less than 2 250 millimetres long and 150 millimetres\ndiameter at the small end (tubular steel to be 50 millimetres in diameter) and shall be\ncut from indigenous timber or other suitable material. These shall be placed a\nminimum of 1 000 millimetres in the ground.\n2. Electrified fence\nAn electrified fence having 4 wires is a sufficient fence if constructed generally in accordance\nwith a non-electrified fence.\n————\n","sortOrder":51},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":null,"content":"Schedule 5\nSPECIFICATIONS FOR A SUFFICIENT FENCE ON A SPECIAL\nRESIDENTIAL LOT\n[clause 2.1(2)(d)]\nA sufficient fence on a special residential lot is a fence of posts and wire construction, shall satisfy the\nfollowing minimum specifications—\n(a) wire shall be high tensile wire and not less than 2.5 millimetres. A minimum of 5 wires shall\nbe used, these to be spaced equally and threaded through 6 millimetres holes in posts to all\nfences;\n(b) posts shall be of indigenous timber or other suitable material including timber impregnated\nwith a termite and fungicidal preservative cut not less than 1800 millimetres long x\n100 millimetres diameter at small end if round or 125 millimetres x 60 millimetres if split or\nsawn. Posts to be set minimum 600 millimetres in the ground and 1200 millimetres above the\nground spaced at 4000 millimetres maximum centres; and\n(c) strainer posts shall be not less than 2250 millimetres long and 150 millimetres diameter at\nthe small end and shall be cut from indigenous timber or other suitable material. These shall\nbe placed a minimum of 1000 millimetres in the ground and set at all corners, gateways and\nfence line angles but not exceeding 200 metres apart.\n\n","sortOrder":52},{"sectionNumber":"4204","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4204 GOVERNMENT GAZETTE, WA 1 August 2017\n(d) No boundary fence shall be constructed of the following materials—\n(i) fibro cement;\n(ii) metal sheeting; or\n(iii) wooden pickets.\n————\n","sortOrder":53},{"sectionNumber":"Sch 6","sectionType":"schedule","heading":null,"content":"Schedule 6\nLICENCE FOR APPROVED ELECTRIFIED FENCE\n[clause 2.11(1)(a)]\nThis is to certify that\n(1) ..................................................................................................................................................................\nof (2) ................................................................................................................................................................\nis licensed , subject to the conditions set out below, to have and use an electrified fence on\n.......................................................................................................................................................................\n(address)\nfrom .............................................................. 20 ............. and until this licence is transferred or cancelled.\nDated this ..................... day of ............................................ 20............\n..................................................................\nChief Executive Officer\nConditions of Licence—\nThe holder of the licence must—\n(a) display the licence in a prominent position on the land or premises on which the electrified\nfence has been erected;\n(b) upon the request of a Building Surveyor produce to him or her the licence;\n(c) within 14 days of a change in the ownership or occupation of the land or premises in respect\nof which the licence has been granted, notify the CEO in writing of the details of that change\nor those changes;\n(d) obtain the written consent of the authorised person prior to the commencement of any\nalteration, addition or other work relating to or affecting the electrified fence; and\n(e) comply with AS/NZS 3016:2002 as amended from time to time.\nTransfer by Endorsement\nThis licence is transferred to (3) ....................................................................................................................\nof (4) ................................................................................................................................................................\nfrom and including the date of this endorsement.\nDated this ..................... day of ............................................ 20............\n..................................................................\nChief Executive Officer\n(1) Name\n(2) Address\n(3) Name\n(4) Address\n————\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4205\n1.4 Interpretation\n1.6 Repeal\n1.7 Application as to assistance animals\nPART 2—DETERMINATIONS IN RESPECT OF LOCAL\nDivision 1—Determinations\n2.1 Determinations as to use of local government property\n2.2 Procedure for making a determination\n2.3 Discretion to erect sign\n2.4 Determination to be complied with\n2.5 Register of determinations\n2.6 Amendment or revocation of a determination\nDivision 2—Activities which may be pursued or prohibited under a determination\n2.7 Activities which may be pursued on specified local government property\n2.8 Activities which may be prohibited on specified local government property\nDivision 3—Transitional\n2.9 Signs taken to be determinations\nPART 3—PERMITS\n3.1 Application of Part\nDivision 2—Applying for a permit\n3.2 Application for permit\n3.3 Decision on application for permit\nDivision 3—Conditions\n3.4 Conditions which may be imposed on a permit\n3.5 Imposing conditions under a policy\n3.6 Compliance with and variation of conditions\nDivision 4—General\n3.7 Duration of permit\n3.8 Renewal of permit\n3.9 Transfer of permit\n3.10 Production of permit\n3.11 Cancellation of permit\n\n","sortOrder":54},{"sectionNumber":"4206","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4206 GOVERNMENT GAZETTE, WA 1 August 2017\nDivision 5—When a permit is required\n3.12 Activities needing a permit\n3.13 Permit required to camp outside a facility\n3.14 Permit required for possession and consumption of liquor\nDivision 6—Responsibilities of permit holder\n3.15 Responsibilities of permit holder\nPART 4—BEHAVIOUR ON ALL LOCAL GOVERNMENT PROPERTY\nDivision 1—Behaviour on and interference with local government property\n4.1 Behaviour which interferes with others\n4.2 Behaviour detrimental to property\n4.3 Taking or injuring any fauna\n4.4 Intoxicated persons not to enter local government property\n4.5 No prohibited drugs\nDivision 2—Signs\n4.6 Signs\nPART 5—MATTERS RELATING TO PARTICULAR LOCAL\nDivision 1—Beaches\n5.1 Powers of surf lifesaving club members\n5.2 Authorising other persons\n5.3 Persons to comply with signs and directions\nDivision 2—Fenced or closed property\n5.4 No entry to fenced or closed local government property\nDivision 3—Toilet blocks and change rooms\n5.5 Only specified gender to use entry of toilet block or change room\nPART 6—FEES FOR ENTRY ON TO LOCAL GOVERNMENT PROPERTY\n6.1 No unauthorised entry to function\nPART 7—JETTIES AND BRIDGES\n7.1 Interpretation\nDivision 2—Consents and fees\n7.2 Application for consent and application fee\nDivision 3—Prohibitions on use of jetty\n7.3 Obstruction of jetties\n7.4 Animals\n7.5 Local government may close the jetties or regulate activities\n7.6 When use of jetty is prohibited\nDivision 4—Mooring boats to jetties\n7.7 Mooring of vessels\nDivision 5—Vehicles on jetties\n7.8 Vehicles on jetties\n7.9 Local government may order removal of vessel or vehicle or attendance\nDivision 6—Launching of boats\n7.10 Restrictions on launching\nDivision 7—Cargo or other goods\n7.11 Loading and discharging\n7.12 Outgoing cargo not to be stored on jetty\n7.13 Removal of incoming cargo from jetty\n7.14 Handling of bulk cargo\n7.15 Petroleum and explosives\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4207\nDivision 8—Fishing from jetties and bridges\n7.16 Limitations on fishing\nDivision 9—General Provisions\n7.17 General provisions\n8.1 Application of Division 1, Part 9 of the Act\nPART 9—MISCELLANEOUS\n9.1 Authorised person to be obeyed\n9.2 Persons may be directed to leave local government property\n9.3 Disposal of lost property\n9.4 Liability for damage to local government property\n10.3 Offences and general penalty\n10.5 Form of notices\nDivision 3—Evidence in legal proceedings\n10.6 Evidence of a determination\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4209\nThis local law may be cited as the Shire of Northampton Local Government Property Local Law 2017.\napplicant means a person who applies for a permit under clause 3.2;\nassistance animal means an animal who is being used as an assistance animal as defined in the\nDisability Discrimination Act 1992 (Commonwealth);\nauthorised person means a person appointed by the local government under section 9.10 of the\nAct to perform any of the functions of an authorised person under this local law;\nbait means food, or some substance, used as a lure in fishing;\nberth means—\n(a) to lie alongside the jetties; or\n(b) to be connected or tied to a vessel lying alongside the jetties;\nboat means any ship, vessel or structure capable of being used in navigation by water, however\npropelled or moved, and includes a jet ski;\nbuilding means any building which is local government property and includes a—\n(a) hall or room;\n(b) corridor, stairway or annexe of any hall or room; and\n(c) jetty;\nchildren’s playground means an area set aside for use by children and noted by the presence of\ndedicated children’s playground equipment and the presence of either sand or other form of\nsoft fall surface;\ncommencement day means the day on which this local law comes into operation;\ndate of publication means, where local public notice is required to be given of a matter under\nthis local law, the date on which notice of the matter is published in a newspaper circulating\ngenerally throughout the district;\ndetermination means a determination made under clause 2.1;\nfish has the meaning given to it by section 4 of the Fish Resources Management Act 1994;\nfishing has the meaning given to it by section 4 of the Fish Resources Management Act 1994;\nfunction means an event or activity characterised by all or any of the following—\n(a) formal organisation and preparation;\n(b) its occurrence is generally advertised or notified in writing to particular persons;\n(c) organisation by or on behalf of a club;\n(d) payment of a fee to attend it; and\n(e) systematic recurrence in relation to the day, time and place;\n\n","sortOrder":55},{"sectionNumber":"4210","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4210 GOVERNMENT GAZETTE, WA 1 August 2017\nliquor has the same meaning as is given to it in section 3 of the Liquor Control Act 1988;\n(c) which is an ‘otherwise unvested facility’ within section 3.53 of the Act;\nlocal public notice has the same meaning as given in section 1.7 of the Local Government\nAct 1995;\nManager means the person for the time being employed by the local government to control and\nmanage a facility which is local government property and includes the person’s assistant or\ndeputy;\nMooring means something to which a vessel may be moored or fastened and includes an anchor,\nstake, ringbolts, fastenings, or mooring pile;\nMooring line means any line, rope, cable, chain or similar device used or capable of being used to\nfasten or secure a vessel to a mooring;\nmooring pile means any pile used or capable of being used to secure a vessel;\nowner means the person who is the lawful owner or the person entitled to possession of any\nvessel or vehicle;\npermit means a permit issued under this local law;\npermit holder means a person who holds a valid permit;\nprohibited drug is given its meaning under section 4 of the Misuse of Drugs Act 1981;\nRegulations mean the Local Government (Functions and General) Regulations 1996;\nSchedule means a schedule in this local law;\nsign includes a notice, flag, mark, structure or device approved by the local government on which\nmay be shown words, numbers, expressions or symbols;\ntrading means the selling or hiring, or the offering for sale or hire of goods or services, and\nincludes displaying goods for the purpose of—\n(a) offering them for sale or hire;\n(b) inviting offers for their sale or hire;\n(c) soliciting orders for them; or\n(d) carrying out any other transaction in relation to them;\ntracks or otherwise; and\n(b) an animal being ridden or driven;\n(c) a wheel-chair or any device designed for use, by a physically impaired person on a\nfootpath;\n(d) a pram, a stroller, shopping trolley or a similar device; and\n(e) a boat;\nvessel means any kind of vessel, whether licensed or unlicensed, used or being capable of being\nused in navigation by water, however being propelled or moved, and without limiting the\ngenerality of the foregoing, includes—\n(a) a barge, lighter, floating restaurant, dinghy, commercial vessel, tender vessel or other\nfloating structure;\n(b) a jet-ski; and\n(c) an air-cushion vehicle, or other similar craft, used wholly or primarily in navigation by\nwater,\nbut does not include structures used only for the purpose of walkways or storage; and\nwritten law has the same meaning given to it by section 5 of the Interpretation Act 1984 and\nincludes this local law.\n1.4 Interpretation\nIn this local law unless the context otherwise requires a reference to local government property\nincludes a reference to any part of that local government property.\n(1) This local law applies throughout the district.\n(2) Notwithstanding anything to the contrary in this local law, the local government may—\n(a) hire local government property to any person; or\n(b) enter into an agreement with any person regarding the use of any local government property.\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4211\n(3) Subject to section 3.6 of the Act, this local law applies to the area bounded by the low water mark\nof the Indian Ocean and extending for a distance 200 metres seawards from the western boundary of\nthe district.\n1.6 Repeal\n(1) This local law repeals the Shire of Northampton Local Government Property Local Law as\npublished in the Government Gazette on 23 June 2000.\n(2) Where a policy was made or adopted by the local government under or in relation to a local law\nrepealed by this local law, then the policy is to be taken to no longer have any effect on and from the\ncommencement day.\n(3) The Council may resolve that notwithstanding subclause (2), specified policies continue, or are to\nbe taken to have continued, to have effect on and from the commencement day.\n1.7 Application as to assistance animals\nThis local law is subject to any written law and any law of the Commonwealth about assistance\nanimals as defined in the Disability Discrimination Act 1992 (Commonwealth) section 9(2).\nPART 2—DETERMINATIONS IN RESPECT OF LOCAL\nDivision 1—Determinations\n2.1 Determinations as to use of local government property\nThe local government may make a determination in accordance with clause 2.2—\n(a) setting aside specified local government property for the pursuit of all or any of the activities\nreferred to in clause 2.7;\n(b) prohibiting a person from pursuing all or any of the activities referred to in clause 2.8 on\nspecified local government property;\n(c) as to the matters in clauses 2.7(2) and 2.8(2); and\n(d) as to any matter ancillary or necessary to give effect to a determination.\n2.2 Procedure for making a determination\n(1) The local government is to give local public notice of its intention to make a determination.\n(2) The local public notice referred to in subclause (1) is to state that—\n(a) the local government intends to make a determination, the purpose and effect of which is\nsummarised in the notice;\n(b) a copy of the proposed determination may be inspected and obtained from the offices of the\nlocal government; and\n(c) submissions in writing about the proposed determination may be lodged with the local\ngovernment within 21 days after the date of publication.\n(3) If no submissions are received in accordance with subclause (2)(c), the Council is to decide to—\n(a) give local public notice that the proposed determination has effect as a determination on and\nfrom the date of publication;\n(b) amend the proposed determination, in which case subclause (5) will apply; or\n(c) not continue with the proposed determination.\n(4) If submissions are received in accordance with subclause (2)(c) the Council is to—\n(a) consider those submissions; and\n(b) decide—\n(i) whether or not to amend the proposed determination; or\n(ii) not to continue with the proposed determination.\n(5) If the Council decides to amend the proposed determination, it is to give local public notice—\n(a) of the effect of the amendments; and\n(b) that the proposed determination has effect as a determination on and from the date of\npublication.\n(6) If the Council decides not to amend the proposed determination, it is to give local public notice\nthat the proposed determination has effect as a determination on and from the date of publication.\n(7) A proposed determination is to have effect as a determination on and from the date of publication\nof the local public notice referred to in subclauses (3), (5) and (6).\n(8) A decision under subclause (3) or (4) is not to be delegated by the Council.\n2.3 Discretion to erect sign\nThe local government may erect a sign on local government property to give notice of the effect of a\ndetermination which applies to that property.\n2.4 Determination to be complied with\nA person shall comply with a determination.\n\n","sortOrder":56},{"sectionNumber":"4212","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4212 GOVERNMENT GAZETTE, WA 1 August 2017\n2.5 Register of determinations\n(1) The local government is to keep a register of determinations made under clause 2.1, and of any\namendments to or revocations of determinations made under clause 2.6.\n(2) Sections 5.94 and 5.95 of the Act are to apply to the register referred to in subclause (1) and for\nthat purpose the register is to be taken to be information within section 5.94(u)(i) of the Act.\n2.6 Amendment or revocation of a determination\n(1) The Council may amend or revoke a determination.\n(2) The provisions of clause 2.2 are to apply to an amendment of a determination as if the amendment\nwere a proposed determination.\n(3) If the Council revokes a determination it is to give local public notice of the revocation and the\ndetermination is to cease to have effect on the date of publication.\nDivision 2—Activities which may be pursued or prohibited under a determination\n2.7 Activities which may be pursued on specified local government property\n(1) A determination may provide that specified local government property is set aside as an area on\nwhich a person may—\n(a) bring, ride or drive an animal;\n(b) take, ride or drive a vehicle, or a particular class of vehicle;\n(c) fly or use a motorised model aircraft;\n(d) use a children’s playground provided that the person is under an age specified in the\ndetermination, but the determination is not to apply to a person having the charge of a person\nunder the specified age;\n(e) launch, beach or leave a boat;\n(f) take or use a boat, or a particular class of boat;\n(g) deposit refuse, rubbish or liquid waste, whether or not of particular classes, and whether or\nnot in specified areas of that local government property;\n(h) play or practice—\n(i) golf or archery;\n(ii) pistol or rifle shooting, but subject to the compliance of that person with the Firearms\nAct 1973; or\n(iii) a similar activity, specified in the determination, involving the use of a projectile which,\nin the opinion of the local government may cause injury or damage to a person or\n(i) ride a bicycle, a skateboard, rollerblades, a sandboard or a similar device; and\n(j) wear no clothing.\n(2) A determination may specify the extent to which and the manner in which an activity referred to\nin subclause (1) may be pursued and in particular—\n(a) the days and times during which the activity may be pursued;\n(b) that an activity may be pursued on a class of local government property, specified local\ngovernment property or all local government property;\n(c) that an activity is to be taken to be prohibited on all local government property other than\nthat specified in the determination;\n(d) may limit the activity to a class of vehicles, boats, equipment or things, or may extend it to all\nvehicles, boats, equipment or things;\n(e) may specify that the activity can be pursued by a class of persons or all persons; and\n(f) may distinguish between different classes of the activity.\n2.8 Activities which may be prohibited on specified local government property\n(1) A determination may provide that a person is prohibited from pursuing all or any of the following\nactivities on specified local government property—\n(a) smoking on premises;\n(b) riding a bicycle, a skateboard, rollerblades, a sandboard or a similar device;\n(c) taking, riding or driving a vehicle or a particular class of vehicle on the property;\n(d) riding or driving a vehicle of a particular class or any vehicle above a specified speed;\n(e) taking or using a boat, or a particular class of boat;\n(f) the playing or practice of—\n(i) golf, archery, pistol shooting or rifle shooting; or\n(ii) a similar activity, specified in the determination, involving the use of a projectile which,\nin the opinion of the local government may cause injury or damage to a person or\n(g) the playing or practice of any ball game which may cause detriment to the property or any\nfauna on the property; and\n(h) the traversing of sand dunes or land which in the opinion of the local government has\nenvironmental value warranting such protection, either absolutely or except by paths\nprovided for that purpose.\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4213\n(2) A determination may specify the extent to which and the manner in which a person is prohibited\nfrom pursuing an activity referred to in subclause (1) and, in particular—\n(a) the days and times during which the activity is prohibited;\n(b) that an activity is prohibited on a class of local government property, specified local\ngovernment property or all local government property;\n(c) that an activity is prohibited in respect of a class of vehicles, boats, equipment or things, or\nall vehicles, boats, equipment or things;\n(d) that an activity is prohibited in respect of a class of persons or all persons; and\n(e) may distinguish between different classes of the activity.\n(3) In this clause—\npremises means a building, stadium or similar structure which is local government property, but\nnot an open space such as a park or a playing field.\nDivision 3—Transitional\n2.9 Signs taken to be determinations\n(1) Where a sign erected on local government property has been erected under a local law of the local\ngovernment repealed by this local law, then it is to be taken to be and have effect as a determination\non and from the commencement day, except to the extent that the sign is inconsistent with any\nprovision of this local law or any determination made under clause 2.1.\n(2) Clause 2.5 does not apply to a sign referred to in subclause (1).\nPART 3—PERMITS\n3.1 Application of Part\nThis Part does not apply to a person who uses or occupies local government property under a written\nagreement with the local government to do so.\nDivision 2—Applying for a permit\n3.2 Application for permit\n(1) Where a person is required to obtain a permit under this local law, that person shall apply for the\npermit in accordance with subclause (2).\n(2) An application for a permit under this local law shall—\n(a) be in the form determined by the local government;\n(b) be signed by the applicant;\nrelated to an application before determining an application for a permit.\n(4) The local government may require an applicant to give local public notice of the application for a\n(5) The local government may refuse to consider an application for a permit which is not in accordance\nwith subclause (2).\n3.3 Decision on application for permit\n(a) approve an application for a permit unconditionally or subject to any conditions; or\n(b) refuse to approve an application for a permit.\n(2) If the local government approves an application for a permit, it is to issue to the applicant, a\npermit in the form determined by the local government.\n(3) If the local government refuses to approve an application for a permit, it is to give written notice of\nDivision 3—Conditions\n3.4 Conditions which may be imposed on a permit\n(1) Without limiting the generality of clause 3.3(1)(a), the local government may approve an\napplication for a permit subject to conditions relating to—\n(a) the payment of a fee;\n(b) compliance with a standard or a policy of the local government adopted by the local\n(c) the duration and commencement of the permit;\n(d) the commencement of the permit being contingent on the happening of an event;\n\n","sortOrder":57},{"sectionNumber":"4214","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4214 GOVERNMENT GAZETTE, WA 1 August 2017\n(e) the rectification, remedying or restoration of a situation or circumstance reasonably related to\nthe application;\n(f) the approval of another application for a permit which may be required by the local\ngovernment under any written law;\n(g) the area of the district to which the permit applies;\n(h) where a permit is issued for an activity which will or may cause damage to local government\nproperty, the payment of a deposit or bond against such damage; and\n(i) the obtaining of public risk insurance in an amount and on terms reasonably required by the\nlocal government.\n(2) Without limiting clause 3.3(1)(a) and subclause (1), the following paragraphs indicate the type and\ncontent of the conditions on which a permit to hire local government property may be issued—\n(a) when fees and charges are to be paid;\n(b) payment of a bond against possible damage or cleaning expenses or both;\n(c) restrictions on the erection of material or external decorations;\n(d) rules about the use of furniture, plant and effects;\n(e) limitations on the number of persons who may attend any function in or on local government\n(f) the duration of the hire;\n(g) the right of the local government to cancel a booking during the course of an annual or\nseasonal booking, if the local government sees fit;\n(h) a prohibition on the sale, supply or consumption of liquor unless a liquor licence is first\nobtained for that purpose under the Liquor Control Act 1988;\n(i) whether or not the hire is for the exclusive use of the local government property;\n(j) the obtaining of a policy of insurance in the names of both the local government and the hirer,\nindemnifying the local government in respect of any injury to any person or any damage to\nany property which may occur in connection with the hire of the local government property by\nthe hirer; and\n(k) the provision of an indemnity from the hirer, indemnifying the local government in respect of\nany injury to any person or any damage to any property which may occur in connection with\nthe hire of the local government property by the hirer.\n3.5 Imposing conditions under a policy\npolicy means a policy of the local government adopted by the Council containing conditions\nsubject to which an application for a permit may be approved under clause 3.3(1)(a).\n(2) Under clause 3.3(1)(a) the local government may approve an application subject to conditions by\nreference to a policy.\n(3) The local government shall give a copy of the policy, or the part of the policy which is relevant to\nthe application for a permit, with the form of permit referred to in clause 3.3(2).\n(4) An application for a permit shall be deemed not to have been approved subject to the conditions\ncontained in a policy until the local government gives the permit holder a copy of the policy or the\npart of the policy which is relevant to the application.\n(5) Sections 5.94 and 5.95 of the Act shall apply to a policy and for that purpose a policy shall be\ndeemed to be information within section 5.94(u)(i) of the Act.\n3.6 Compliance with and variation of conditions\n(1) Where an application for a permit has been approved subject to conditions, the permit holder shall\ncomply with each of those conditions.\n(2) The local government may vary the conditions of a permit, and the permit holder shall comply\nwith those conditions as varied.\nDivision 4—General\n3.7 Duration of permit\nA permit is valid for one year from the date on which it is issued, unless it is—\n(a) otherwise stated in this local law or in the permit; or\n(b) cancelled under clause 3.11.\n3.8 Renewal of permit\n(1) A permit holder may apply to the local government in writing prior to expiry of a permit for the\nrenewal of the permit.\n(2) The provisions of this Part shall apply to an application for the renewal of a permit as though it\nwere an application for a permit.\n3.9 Transfer of permit\n(1) An application for the transfer of a valid permit is to—\n(a) be made in writing;\n(b) be signed by the permit holder and the proposed transferee of the permit;\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4215\n(c) provide such information as the local government may require to enable the application to be\ndetermined; and\n(2) The local government may approve an application for the transfer of a permit, refuse to approve it\nor approve it subject to any conditions.\n(3) Where the local government approves an application for the transfer of a permit, the transfer\nmaybe effected by an endorsement on the permit signed by the CEO.\n(4) Where the local government approves the transfer of a permit, it is not required to refund any part\nof any fee paid by the former permit holder.\n3.10 Production of permit\nA permit holder is to produce to an authorised person her or his permit immediately upon being\nrequired to do so by that authorised person.\n3.11 Cancellation of permit\n(1) Subject to clause 8.1, a permit may be cancelled by the local government if the permit holder has\nnot complied with a—\n(a) condition of the permit; or\n(b) determination or a provision of any written law which may relate to the activity regulated by\nthe permit.\n(2) On the cancellation of a permit the permit holder—\n(a) shall return the permit as soon as practicable to the CEO; and\n(b) is to be taken to have forfeited any fees paid in respect of the permit.\nDivision 5—When a permit is required\n3.12 Activities needing a permit\n(1) A person shall not without a permit—\n(a) subject to subclause (3), hire local government property;\n(b) advertise anything by any means on local government property;\n(c) erect a structure for public amusement or for any performance, whether for gain or otherwise,\non local government property;\n(d) teach, coach or train, for profit, any person in a indoor recreation facility which is local\ngovernment property;\n(e) plant any plant or sow any seeds on local government property;\n(f) carry on any trading on local government property unless the trading is conducted—\n(i) with the consent of a person who holds a permit to conduct a function, and where the\ntrading is carried on under and in accordance with the permit; or\n(ii) by a person who has a licence or permit to carry on trading on local government\nproperty under any written law;\n(g) unless an employee of the local government in the course of her or his duties or on an area set\naside for that purpose—\n(i) drive or ride or take any vehicle on to local government property; or\n(ii) park or stop any vehicle on local government property;\n(h) conduct a function on local government property;\n(i) charge any person for entry to local government property, unless the charge is for entry to\nland or a building hired by a voluntary non-profit organisation;\n(j) light a fire on local government property except in a facility provided for that purpose;\n(k) parachute, hang glide, abseil or base jump from or on to local government property;\n(l) erect a building or a refuelling site on local government property;\n(m) make any excavation on or erect or remove any fence on local government property;\n(n) erect or install any structure above or below ground, which is local government property, for\nthe purpose of supplying any water, power, sewer, communication, television or similar\nservice to a person;\n(o) depasture any horse, sheep, cattle, goat, camel, ass or mule on local government property; or\n(p) conduct or take part in any gambling game or contest or bet, or offer to bet, publicly.\n(2) The local government may exempt a person from compliance with subclause (1) on the application\nof that person.\n(3) The local government may exempt specified local government property or a class of local\ngovernment property from the application of subclause (1)(a).\n3.13 Permit required to camp outside a facility\nfacility has the same meaning as is given to it in section 5(1) of the Caravan Parks and Camping\nGrounds Act 1995.\n\n","sortOrder":58},{"sectionNumber":"4216","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4216 GOVERNMENT GAZETTE, WA 1 August 2017\n(2) This clause does not apply to a facility operated by the local government.\n(3) A person shall not without a permit—\n(a) camp on, lodge at or occupy any structure at night for the purpose of sleeping on local\ngovernment property; or\n(b) erect any tent, camp, hut or similar structure on local government property other than a\nbeach shade or windbreak erected for use during the hours of daylight and which is\ndismantled during those hours on the same day.\n(4) The maximum period for which the local government may approve an application for a permit in\nrespect of paragraph (a) or (b) of subclause (3) is that provided in regulation 11(2)(a) of the Caravan\nParks and Camping Grounds Regulations 1997.\n3.14 Permit required for possession and consumption of liquor\n(1) A person, on local government property, shall not consume any liquor or have in her or his\npossession or under her or his control any liquor, unless—\n(a) that is permitted under the Liquor Control Act 1988; and\n(b) a permit has been obtained for that purpose.\n(2) Subclause (1) does not apply where the liquor is in a sealed container.\nDivision 6—Responsibilities of permit holder\n3.15 Responsibilities of permit holder\nA holder of a permit shall in respect of local government property to which the permit relates—\n(a) ensure that an authorised person has unobstructed access to the local government property\nfor the purpose of inspecting the property or enforcing any provision of this local law;\n(b) leave the local government property in a clean and tidy condition after its use;\n(c) report any damage or defacement of the local government property to the local government;\nand\n(d) take all reasonable action to prevent the consumption of any liquor on the local government\nproperty unless the permit allows it and a licence has been obtained under the Liquor Control\nAct 1988 for that purpose.\nPART 4—BEHAVIOUR ON ALL LOCAL GOVERNMENT PROPERTY\nDivision 1—Behaviour on and interference with local government property\n4.1 Behaviour which interferes with others\nA person shall not in or on any local government property behave in a manner which—\n(a) is likely to interfere with the enjoyment of a person who might use the property; or\n(b) interferes with the enjoyment of a person using the property.\n4.2 Behaviour detrimental to property\n(1) A person shall not behave in or on local government property in a way which is or might be\ndetrimental to the property.\n(2) In subclause (1)—\ndetrimental to the property includes—\n(a) removing any thing from the local government property such as a rock, a plant or a seat\nprovided for the use of any person; and\n(b) destroying, defacing or damaging any thing on the local government property, such as a\nplant, or a seat provided for the use of any person or a building.\n4.3 Taking or injuring any fauna\n(1) A person shall not take, injure or kill or attempt to take, injure or kill any fauna which is on or\nabove any local government property, unless that person is authorised under a written law to do so.\nanimal means any living thing that is not a human being or plant; and\nfauna means any animal indigenous to or which periodically migrates to any State or Territory\nof the Commonwealth or the territorial waters of the Commonwealth and includes in relation\nto any such animal—\n(a) any class of animal or individual member;\n(b) the eggs or larvae; or\n(c) the carcass, skin, plumage or fur.\n4.4 Intoxicated persons not to enter local government property\nA person shall not enter or remain on local government property while under the influence of liquor or\na prohibited drug.\n4.5 No prohibited drugs\nA person shall not take a prohibited drug on to, or consume or use a prohibited drug on, local\ngovernment property.\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4217\nDivision 2—Signs\n4.6 Signs\n(1) A local government may erect a sign on local government property specifying any conditions of use\nwhich apply to that property.\n(2) A person shall comply with a sign erected under subclause (1).\n(3) A condition of use specified on a sign erected under subclause (1) is—\n(a) not to be inconsistent with any provision of this local law or any determination; and\n(b) to be for the purpose of giving notice of the effect of a provision of this local law.\nPART 5—MATTERS RELATING TO PARTICULAR LOCAL\nDivision 1—Beaches\n5.1 Powers of surf lifesaving club members\n(1) Subject to subclause (2), the local government may authorise under section 9.10 of the Act the\nmembers of a surf lifesaving club to perform all or any of the following functions in relation to a\nbeach—\n(a) patrol any beach;\n(b) carry out any activity on any beach;\n(c) erect signs designating bathing areas and signs regulating, prohibiting or restricting specified\nactivities on the whole or any part of a beach or in or on the water adjacent to the beach and\nto direct persons on the beach or in or on the water to comply with such signs;\n(d) temporarily enclose any area with rope, hessian, wire or any other means for the conduct of\nsurf lifesaving club activities; and\n(e) direct persons to leave the water adjacent to a beach during dangerous conditions or if a\nshark is suspected of being in the vicinity of a beach.\n(2) Under subclause (1), the local government shall authorise only those members who have been\nrecommended by the surf lifesaving club as competent to perform the functions referred to in that\nsubclause in respect of which they are authorised.\n(3) Under subclause (1), the local government may authorise members generally, or in relation to\nparticular times, days or months.\n5.2 Authorising other persons\n(1) A local government may authorise, under section 9.10 of the Act, a person to perform all or any of\nthe functions referred to in clause 5.1(1) in relation to a beach.\n(2) Under subclause (1), the local government shall authorise only those persons who, in the\nreasonable opinion of the local government, are competent to perform the functions referred to in\nclause 5.1(1) in respect of which they are authorised.\n(3) Under subclause (1), the local government may authorise a person generally, or in relation to\nparticular times, days or months.\n(4) Where the local government has authorised members of a surf lifesaving club under clause 5.1(1)\nand a person under subclause (1) in relation to the same beach, so that they can perform all or any of\nthe functions referred to in clause 5.1(1) contemporaneously, the local government is to specify which\nauthorisation is rendered ineffective when both are exercised.\n5.3 Persons to comply with signs and directions\nA person shall—\n(a) not act in contravention of any sign erected on a beach under clause 5.1(1)(c);\n(b) not enter an area which has been temporarily closed with rope, hessian, wire or any other\nmeans for the conduct of surf lifesaving club activities, unless he or she is a member of the\nclub or has obtained permission to enter from the club; and\n(c) comply with any direction given under clause 5.1(1)(c) or 5.1(1)(e),\nnotwithstanding that the sign or the direction was erected or given, as the case may be, by a person\nreferred to in clause 5.4(1).\nDivision 2—Fenced or closed property\n5.4 No entry to fenced or closed local government property\nA person must not enter local government property which has been fenced off or closed to the public\nby a sign or otherwise, unless that person is authorised to do so by the local government.\nDivision 3—Toilet blocks and change rooms\n5.5 Only specified gender to use entry of toilet block or change room\n(1) Where a sign on a toilet block or change room specifies that a particular entry of the toilet block or\nchange room is to be used by—\n(a) females, then a person of the male gender shall not use that entry of the toilet block or change\nroom; or\n(b) males, then a person of the female gender shall not use that entry of the toilet block or change\nroom.\n\n","sortOrder":59},{"sectionNumber":"4218","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4218 GOVERNMENT GAZETTE, WA 1 August 2017\n(2) Paragraphs (a) and (b) of subclause (1) do not apply to a child, when accompanied by a parent,\nguardian or caregiver, where the child is—\n(a) under the age of 8 years; or\n(b) otherwise permitted by an authorised person to use the relevant entry.\nPART 6—FEES FOR ENTRY ON TO LOCAL GOVERNMENT PROPERTY\n6.1 No unauthorised entry to function\n(1) A person shall not enter local government property on such days or during such times as the\nproperty may be set aside for a function for which a charge for admission is authorised, except—\n(a) through the proper entrance for that purpose; and\n(b) on payment of the fee chargeable for admission at the time.\n(2) The local government may exempt a person from compliance with subclause (1)(b).\nPART 7—JETTIES AND BRIDGES\n7.1 Interpretation\n(1) This Part only applies to bridges and jetties which are local government property.\n(2) In this Part—\njetty means—\n(a) any jetty, pier, wharf, quay, grid, slip, landing place, stage, platform (other than a\nplatform that is a vessel for the purposes of the Western Australian Marine Act 1982)\nover any waters, and\n(b) any ramp or supporting structure for the launching, landing or retrieving of a vessel;\nbulk cargo means bulk produce, such as grain, coal, oil or mineral ore, which is not packaged.\nDivision 2—Consents and fees\n7.2 Application for consent and application fee\n(1) Where a person is required to obtain the consent of the local government under this Part, the\nperson is to apply for that consent in the manner required by the local government or an authorised\nperson.\n(2) The local government or an authorised person, may require an application for consent made under\nsubclause (1) to be accompanied by a fee.\n(3) If an application for consent is not made in the manner required by the local government or the fee\nwhich is to accompany that application is not paid, the local government or an authorised person, may\nrefuse to consider the application for consent.\n(4) The local government or anauthorised person, shall give its decision on an application for consent,\nin writing to the person who applied for that consent.\n(5) Where a fee is referred to in this Part, the fee must be imposed and determined by the local\nDivision 3—Prohibitions on use of jetty\n7.3 Obstruction of jetties\n(1) A person shall not, without the written consent of the local government or an authorised person—\n(a) cause any obstruction on or under or near a jetty; or\n(b) interfere with the free movement of a vessel approaching, leaving or passing a jetty.\n(2) A person shall not obstruct or hinder any local government employee, authorised person or\ncontract or engaged by the local government, who is engaged in the repair, maintenance or\nconstruction of a jetty.\n7.4 Animals\n(1) A person shall not, without the written consent of the local government or an authorised person—\n(a) tether an animal to a jetty;\n(b) take an animal onto a jetty; or\n(c) permit an animal to enter or stray upon a jetty.\n(2) Subclause (1) does not apply to—\n(a) an assistance animal;\n(b) bait; or\n(c) fish taken from a jetty in accordance with this local law.\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4219\n7.5 Local government may close a jetty or regulate activities\nThe local government may–\n(a) close or cause to be closed a jetty or anypart thereof;\n(b) exclude or cause to be excluded the public and all persons or so many of the public or so many\npersons as in the discretion of the local government or an authorised person shall be deemed\nnecessary from a jetty or the local government property;\n(c) regulate, prohibit or restrict access to a jetty or the local government property or any part\nthereof;\n(d) regulate, prohibit or restrict—\n(i) jumping or diving from a jetty; or\n(ii) swimming in the water within the local government property within the vicinity of a\njetty;\n(e) direct persons to leave a jetty or the local government property within the vicinity of a jetty or\nany part thereof, for purposes of—\n(i) a function or public convenience at or on a jetty or in or on the water on local\ngovernment property;\n(ii) repair, maintenance or construction of a jetty;\n(iii) public safety; or\n(iv) other operational reasons.\n7.6 When use of a jetty is prohibited\nA person shall not land at, use or go on any part of a jetty which is—\n(a) under construction or repair; or\n(b) closed,\nunless that person has first obtained the consent of the local government or an authorised person.\nDivision 4—Mooring boats to jetties\n7.7 Mooring of vessels\n(1) A person shall not moor to or berth a vessel at a jetty or moor or berth a vessel on local\ngovernment property unless the mooring or berthing of the vessel is authorised or permitted by the\nlocal government or an authorised person either by way of a sign affixed by the local government to a\njetty or by written consent of the local government or an authorised person.\n(2) Subclause (1) does not apply to—\n(a) a person who needs to moor to or berth a vessel at a jetty or on local government property in\nan emergency;\n(b) a vessel in distress such as that repairs are required and then only to effect the minimum\nrepairs necessary to enable the vessel to be moved elsewhere;\n(c) a person who uses a jetty under and in accordance with a written agreement with the local\ngovernment; and\n(d) a person who has been exempted from subclause (1) by the local government or an authorised\nperson.\n(3) A person shall not—\n(a) moor a vessel to a jetty or any part of a jetty except to such moorings or mooring piles as are\nprovided; or\n(b) permit a vessel to remain alongside a jetty unless the vessel is so moored or fastened.\nDivision 5—Vehicles on jetties\n7.8 Vehicles on jetties\n(1) A person shall not take on to or drive or ride a vehicle on a jetty or allow a vehicle to remain on a\njetty without the written consent of the local government or an authorised person.\n(2) Subclause (1) does not apply when—\n(a) the vehicle is driven by a local government employee, authorised person or contractor\nengaged by the local government who is engaged in providing a service, maintaining or\nmaking a delivery in connection with a jetty; or\n(b) the person is driving an emergency vehicle in the course of his or her duties.\n(3) A person must not drive a vehicle or allow a vehicle to be driven on a jetty at a speed exceeding\n10km per hour or in such a manner to cause danger to a person.\n7.9 Local government may order removal of vessel or vehicle or attendance\nNot with standing anything to the contrary in this local law, a person shall, upon being directed to do\nso by the local government or an authorised person, immediately remove–\n(a) a vessel moored to or berthed at a jetty or moored or berthed on local government property; or\n(b) a vehicle from a jetty.\n\n","sortOrder":60},{"sectionNumber":"4220","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4220 GOVERNMENT GAZETTE, WA 1 August 2017\nDivision 6—Launching of boats\n7.10 Restrictions on launching\nA person shall not launch a boat from or over any jetty (other than a boat ramp) unless she or he has\nfirst obtained the consent of the local government or an authorised person.\nDivision 7—Cargo or other goods\n7.11 Loading and discharging\nA person in control of a boat or vessel shall not allow the boat or vessel to come alongside or be\nmoored or made fast to a jetty for the purpose of loading or discharging cargo or other goods—\n(a) until the cargo or other goods are ready to be loaded or discharged; or\n(b) without the consent of the local government or an authorised person—\n(i) between the hours of 6.00pm to 6.00am on the next day; or\n(ii) for longer than 2 consecutive hours.\n7.12 Outgoing cargo not to be stored on jetty\nA person in control of cargo or other goods intended for loading on to a boat or vessel shall—\n(a) not allow them to be stored or placed on a jetty unless and until the boat is moored or\nfastened to or alongside the jetty; and\n(b) load them on to the boat or vessel as soon as practicable after the boat is moored or fastened\nto or alongside the jetty.\n7.13 Removal of incoming cargo from jetty\nAny person unloading cargo or other goods from a boat on to a jetty shall remove them, or cause them\nto be removed from the jetty as soon as practicable, but not later than 6.00pm on the day on which\nthey were placed there.\n7.14 Handling of bulk cargo\nExcept with the prior consent of the local government or an authorised person, a person shall not\nplace or deposit bulk cargo from a vehicle, boat, vessel or container on to a jetty.\n7.15 Petroleum and explosives\nA person shall not without the written consent of the local government—\n(a) store or handle or let off explosives on the jetties;\n(b) store petroleum on the jetties; or\n(c) discharge petroleum from the jetties.\nDivision 8—Fishing from jetties and bridges\n7.16 Limitations on fishing\n(1) In this clause–\nattend has the meaning given to it by regulation 64B of the Fish Resources Management\nRegulations 1995.\n(2) A person fishing from a jetty or bridge using a fishing line or drop net must attend that line or net.\n(3) Subject to subclause (2), a person shall not—\n(a) fish from a jetty or bridge so as to obstruct or interfere with the free movement of a vessel\napproaching, leaving or passing a jetty or bridge;\n(b) fish from a jetty or bridge so as to cause a nuisance or danger to a person on or near a jetty or\nbridge;\n(c) hang or spread a fishing net, other than a drop net, on, over, under or from a jetty or bridge;\n(d) when fishing from a jetty or bridge, use more than 2 fishing lines or 4 drop nets at a time; or\n(e) fish from a jetty or bridge so as to interfere with scheduled vocational swimming classes.\n","sortOrder":61},{"sectionNumber":"Div 9","sectionType":"division","heading":"General Provisions","content":"Division 9—General Provisions\n7.17 General provisions\n(1) A person on local government property must obey any lawful direction of an authorised person and\nmust not in any way obstruct or hinder an authorised person in the execution of their duties.\n(2) If the local government or an authorised person considers that a person has behaved in a manner\ncontrary to this local law or where the local government or an authorised person reasonably suspects\nthat a person has contravened a provision of any written local law, the local government or an\nauthorised person may—\n(a) refuse to allow that person to enter local government property or any part thereof; and\n(b) if the person is on local government property, direct that person to leave the local government\nproperty or any part thereof.\n(3) A person who has been refused entry or who has been directed to leave under subclause (1) must\nimmediately leave the local government property, or, if the direction applies to a part of the local\ngovernment property, that part of the local government property quickly and peaceably.\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4221\n(4) If a person fails to comply with subclause (2), the local government or an authorised person may\nremove that person, or arrange for that person to be removed, from the land.\n(5) A person shall not charge admission or seek payment for entering or using the jetties without\nhaving first obtained the written consent of the local government or an authorised person.\n(6) A person shall not enter upon or use the jetties without first having paid—\n(a) the fees and charges which may apply to such entry or use, as determined by the local\ngovernment from time to time; or\n(b) admission charged by a person who obtained written consent pursuant to subclause (2).\n8.1 Application of Division 1, Part 9 of the Act\nWhen the local government makes a decision as to whether it will—\n(a) grant a person a permit or consent under this local law; or\n(b) renew, vary, or cancel a permit or consent that a person has under this local law,\nthe provisions of Division 1 of Part 9 of the Act and regulations 32A and 33 of the Regulations apply\nto that decision.\nPART 9—MISCELLANEOUS\n9.1 Authorised person to be obeyed\nA person on local government property shall obey any lawful direction of an authorised person and\nshall not in any way obstruct or hinder an authorised person in the execution of her or his duties.\n9.2 Persons may be directed to leave local government property\nAn authorised person may direct a person to leave local government property where she or he\nreasonably suspects that the person has contravened a provisionof any written law.\n9.3 Disposal of lost property\nAn article left on any local government property, and not claimed within a period of 3 months, may be\ndisposed of by the local government in any manner it thinks fit.\n9.4 Liability for damage to local government property\n(1) Where a person unlawfully damages local government property, the local government may by\nnotice in writing to that person require that person within the time required in the notice to, at the\noption of the local government, pay the costs of—\n(a) reinstating the property to the state it was in prior to the occurrence of the damage; or\n(b) replacing that property.\n(2) On a failure to comply with a notice issued under subclause (1), the local government may recover\nthe costs referred to in the notice as a debt due to it.\nWhenever the local government gives a notice under this local law requiring a person to do any thing,\nif a person fails to comply with the notice, that person commits an offence.\nWhere a person fails to comply with a notice referred to in clause 10.1, the local government may do\nthe thing specified in the notice and recover from the person to whom the notice was given, as a debt,\nthe costs incurred in so doing.\n10.3 Offences and general penalty\n\n","sortOrder":62},{"sectionNumber":"4222","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4222 GOVERNMENT GAZETTE, WA 1 August 2017\n(3) Before giving an infringement notice to a person in respect of the commission of a prescribed\noffence, an authorised person should be satisfied that—\n(a) commission of the prescribed offence is a relatively minor matter; and\n(b) only straight forward issues of law and fact are involved in determining whether the\nprescribed offence was committed, and the facts in issue are readily ascertainable.\n10.5 Form of notices\n(1) For the purposes of this local law—\n(a) the form of the notice referred to in section 9.20 of the Act is that of Form 3 in Schedule 1 of\n(2) Where an infringement notice is given under section 9.16 of the Act in respect of an alleged offence\nagainst clause 2.4, the notice is to contain a description of the alleged offence.\nDivision 3—Evidence in legal proceedings\n10.6 Evidence of a determination\n(1) In any legal proceedings, evidence of a determination may be given by tendering the register\nreferred to in clause 2.5 or a certified copy of an extract from the register.\n(2) It is to be presumed, unless the contrary is proved, that the determination was properly made and\nthat every requirement for it to be made and have effect has been satisfied.\n(3) Subclause (2) does not make valid a determination that has not been properly made.\n————\n(Clause 10.4)\nClause Description Modified\n$\n1 2.4 Failure to comply with determination 125\n2 3.6 Failure to comply with conditions of permit 125\n3 3.12(1) Failure to obtain a permit 125\n4 3.13(3) Failure to obtain permit to camp outside a facility 125\n5 3.14(1) Failure to obtain permit for liquor 125\n6 3.15 Failure of permit holder to comply with responsibilities 125\n7 4.2(1) Behaviour detrimental to property 125\n8 4.4 Under influence of liquor or prohibited drug 125\n9 4.6(2) Failure to comply with sign on local government property 125\n10 5.3 Failure to comply with sign or direction on beach 125\n11 5.4 Unauthorised entry to fenced or closed local government property 125\n12 5.5 Gender not specified using entry of toilet block or change room 125\n13 6.1(1) Unauthorised entry to function on local government property 125\n14 7.3 Obstruction of jetties 125\n15 7.7 Mooring of boats in unauthorised manner 125\n16 7.10 Launching of boat from jetty without consent 125\n17 7.11 Removing goods from jetty during other than permitted hours 125\n18 7.12 Unlawful storing of goods on jetty 125\n19 7.13 Removal of incoming cargo from jetty 125\n20 7.16(3) Fishing from jetty or bridge so as to obstruct a boat or another\nperson 125\n21 10.1 Failure to comply with notice 250\n————\nDated: 16 June 2016.\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4223\nREPEAL LOCAL LAW 2017\n1. Citation\nThis local law is cited as the Shire of Northampton Repeal Local Law 2017.\n2. Operation\nThis local law will come into operation 14 days after the date of its publication in the Government\n3. Repeal\nThis local law repeals the following local laws—\n(a) By-Laws Relating to Aerodromes as published in the Government Gazette on 9 December\n1977;\n(b) By-law Relating to the Keeping of Bees as published in the Government Gazette on 8 July\n1994;\n(c) By-laws relating to Half Way Bay—Reserve No. 34945 as published in the Government Gazette\non 28 July 1978;\n(d) Shire of Northampton By-Laws Relating to the Prohibition of Hawking as published in the\nGovernment Gazette on 3 May 1985;\n(e) By-laws Relating to Horrocks Beach as published in the Government Gazette on 16 June 1978;\n(f) By-laws Relating to the Control and Usage of Kalbarri Jetty as published in the Government\nGazette on 9 December 1977;\n(g) By-Laws Relating to the Removal and Disposal of Obstructing Vehicles as published in the\nGovernment Gazette on 29 April 1994;\n(h) Local Law Relating to Reserves and Foreshores as published in the Government Gazette on\n","sortOrder":63},{"sectionNumber":"13","sectionType":"section","heading":"January 1998; and","content":"13 January 1998; and\n(i) Adoption of Draft Model By-law known as the Local Government Model By-laws (Safety,\nDecency, Convenience and Comfort of Persons in respect of Bathing) No. 14 as published in the\nGovernment Gazette on 17 September 1964.\n————\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4225\nURBAN ENVIRONMENT AND NUISANCE LOCAL LAW 2017\nPART 2—GENERAL—NOISE, LIGHT AND VIBRATIONS\nDivision 1—Amusements\n2.1 Definitions\n2.2 Nuisance\n2.3 Abatement by authorized person\nDivision 2—Light\n2.4 Emission or reflection of light\n2.5 Use of floodlights\n2.6 Notice\nDivision 3—Parking of livestock trucks\n2.7 Livestock trucks\nDivision 4—Truck noise from residential land\n2.8 Truck noise from residential land\nPART 3—DISPOSING OF DISUSED REFRIGERATORS\n3.1 Disposing of disused refrigerators or similar containers\nPART 4—OBJECTIONS AND APPEALS\n4.1 Application of Part 9 Division 1 of the Act\nPART 5—ENFORCEMENT\n5.1 Offence to fail to comply with notice\n5.2 Local government may undertake requirements of notice\n5.3 Offences and general penalty\n5.4 Prescribed offences\n5.5 Form of notices\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4227\nURBAN ENVIRONMENT AND NUISANCE LOCAL LAW 2017\nThis local law may be cited as the Shire of Northampton Urban Environment and Nuisance Local\nLaw 2017.\nlivestock includes cattle, sheep, pigs, goats and horses;\nnuisance includes—\n(b) an unreasonable interference with the use and enjoyment of a person in her or his\nownership or occupation of land; and\nRegulations means the Local Government (Functions and General) Regulations 1996; and\ntracks or otherwise;\n(b) an animal being ridden or driven,\n(c) a wheel-chair or any device designed for use by a physically impaired person on a\nfootpath; and\n(d) a pram, a stroller or a similar device.\nThe Draft Model By-law (Old Refrigerators and Cabinets) as published in the Government Gazette on\nthe 29 November 1962 is repealed.\nPART 2—GENERAL—NOISE, LIGHT AND VIBRATIONS\nDivision 1—Amusements\n2.1 Definitions\namusement means anything usually conducted for amusement at a fair, a carnival or a show,\nwhether conducted at a fair, a carnival or a show or elsewhere.\n\n","sortOrder":64},{"sectionNumber":"4228","sectionType":"section","heading":"GOVERNMENT GAZETTE, WA 1 August 2017","content":"4228 GOVERNMENT GAZETTE, WA 1 August 2017\n2.2 Nuisance\nA person shall not provide or conduct any amusement on land so as to create or be a nuisance to any\nowner or occupier of land in the district.\n2.3 Abatement by authorized person\nSubject to Subdivision 3 of Division 3 of Part 3 of the Act, an authorized person may enter on any land\nwhere an amusement is provided or conducted and may do any act or thing reasonably required to\nabate a nuisance referred to in clause 2.2.\nDivision 2—Light\n2.4 Emission or reflection of light\n(1) Where artificial light is emitted or reflected from anything on a lot so as to illuminate land outside\nthe lot to more than 50 lux, then every owner and occupier of the lot commits an offence.\n(2) Where natural light is reflected from anything on a lot so as to create or be a nuisance to any—\n(a) owner or occupier of land; or\n(b) person using a thoroughfare as a thoroughfare,\nthen every owner and occupier of the lot commits an offence.\n2.5 Use of floodlights\nAn owner or occupier of a lot on which floodlights or other exterior lights are erected or used shall not\nallow the floodlights or other exterior lights to shine directly onto an adjoining lot.\n2.6 Notice\nThe local government may give a notice to the owner or occupier of a lot—\n(a) requiring that any reflective surfaces creating a nuisance within clause 2.4(2) be painted or\notherwise treated so as to abate the nuisance; and\n(b) on which floodlights or other exterior lights are erected, requiring that—\n(i) the hours of use of the lighting be limited to the hours specified in the notice; or\n(ii) the direction in which the lights are shining be altered as specified in the notice.\nDivision 3—Parking of livestock trucks\n2.7 Livestock trucks\n(1) A person shall not park a vehicle containing livestock in a townsite for a period in excess of 30\nminutes.\n(2) A person shall not park a vehicle which contains or has been used for the carriage of livestock so\nas to create or be a nuisance to any person, by reason of the odour emanating from the vehicle.\n(3) If a person parks a vehicle containing livestock in a townsite under and in accordance with\nsubclause (1), then the person does not contravene subclause (2).\nDivision 4—Truck noise from residential land\n2.8 Truck noise from residential land\n(1) A person shall not start or drive a truck on land zoned, approved or used for residential purposes\nbetween the hours of 11pm and 7am on the following day without first obtaining the written consent\nof the local government.\n(2) In this clause, a truck means a vehicle having a tare in excess of 2,000 kgs.\nPART 3—DISPOSING OF DISUSED REFRIGERATORS\n3.1 Disposing of disused refrigerators or similar containers\nA person shall not place, leave or dispose of a disused refrigerator, ice-chest, ice-box, trunk, chest or\nother similar article having a compartment which has a capacity of 0.04 cubic metres or more on any\nland without first—\n(a) removing every door and lid and every lock, catch and hinge attached to a door or lid; or\n(b) rendering every door and lid incapable of being fastened.\nPART 4—OBJECTIONS AND APPEALS\n4.1 Application of Part 9 Division 1 of the Act\nWhen the local government makes a decision under clause 2.6 or 2.8 (1) the provisions of Division 1 of\nPart 9 of the Act and regulations 33 of the Regulations apply to that decision.\nPART 5—ENFORCEMENT\n5.1 Offence to fail to comply with notice\nWhenever the local government gives a notice under this local law requiring a person to do any thing,\nif a person fails to comply with the notice, that person commits an offence.\n\n1 August 2017 GOVERNMENT GAZETTE, WA 4229\n5.2 Local government may undertake requirements of notice\nSubject to Subdivision 3 of Division 3 of Part 3 of the Act, where a person fails to comply with a notice\nreferred to in clause 5.1, the local government may do the thing specified in the notice and recover\nfrom the person to whom the notice was given, as a debt, the costs incurred in so doing.\n5.3 Offences and general penalty\n5.4 Prescribed offences\n(3) Before giving an infringement notice to a person in respect of the commission of a prescribed\noffence, an authorized person should be satisfied that—\n(a) commission of the prescribed offence is a relatively minor matter; and\n(b) only straightforward issues of law and fact are involved in determining whether the\nprescribed offence was committed, and the facts in issue are readily ascertainable.\n5.5 Form of notices\nFor the purposes of this local law—\n(c) the form of the notice referred to in section 9.20 of the Act is that of Form 3 in Schedule 1 of\n————\n[Clause 5.4(2)]\nItem Clause Description\npenalty\n$\n1 2.2 Conducting an amusement so as to create a nuisance 125\n2 2.4 (1) Emitting light of more than 50 lux 125\n3 2.4 (2) Where natural light is reflected from anything on a lot so as to\ncreate or be a nuisance 125\n4 2.5 Erection or use of lights other than in accordance with\nrequirements 125\n5 2.7 (1) Parking a livestock truck in a townsite in excess of 30 minutes 125\n6 2.8 (1) Starting or driving a truck on residential land without consent 125\n7 3.1 Disposing of disused refrigerator or similar container with door or\nlid that can be fastened 300\n8 5.1 Failure to comply with notice 125\n————","sortOrder":65}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":868},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"This appears to be a consolidated remake of existing local laws rather than an expansion. The Repeal Local Law explicitly abolishes nine outdated by-laws, and the other seven laws replace previous versions (e.g., the 1987 Trading By-law, 1987 Bush Fire Brigades By-law, 1997 Cemeteries Local Law, 2004 Dogs Local Law, 1989 Fencing By-law, 2000 Local Government Property Local Law, and 1962 Refrigerator By-law). The scope remains consistent with traditional local government regulatory functions — public spaces, animal control, fire services, cemeteries, fencing, and nuisance."},"complexity_factors":["Multiple overlapping local laws with cross-references between them","Extensive defined terms (e.g., 'thoroughfare', 'local government property', 'sufficient fence') that borrow definitions from other statutes","Detailed technical specifications in schedules (fence construction standards, cemetery monument dimensions, kennel design requirements)","Permit systems with conditional approvals, renewals, transfers and cancellation provisions","Nested exceptions and exemptions throughout (e.g., assistance animals, sealed liquor containers, emergency mooring)","Transitional provisions preserving existing approvals and converting old signs to new determinations","Incorporation of external standards by reference (Australian Standards for fences, wind loading calculations)","Multiple enforcement mechanisms: infringement notices, modified penalties, court proceedings, and council-undertaken works"],"plain_english_summary":"The Shire of Northampton’s eight local laws (effective Aug 2017) set district-wide rules for using and managing public and private spaces — covering street and public‑place activities, bush fire brigades, cemeteries, dogs, fencing, council property, urban nuisance and repeal of outdated by‑laws. They affect residents, property owners, businesses, community groups, volunteer firefighters and funeral operators by imposing permits, standards and offences to protect safety, amenity and orderly shared use of land."}},"importantCases":[],"_links":{"self":"/api/acts/urban-environment-and-nuisance-local-law-2017","history":"/api/acts/urban-environment-and-nuisance-local-law-2017/history","analysis":"/api/acts/urban-environment-and-nuisance-local-law-2017/analysis","conflicts":"/api/acts/urban-environment-and-nuisance-local-law-2017/conflicts","importantCases":"/api/acts/urban-environment-and-nuisance-local-law-2017/important-cases","documents":"/api/acts/urban-environment-and-nuisance-local-law-2017/documents"}}